Remember the Raisin: Hickman County Kentucky Landlord Law and HB128
Hickman County is one of Kentucky’s quietest corners, a fact that is not a criticism. The county occupies the far southwestern edge of the Jackson Purchase, wedged between the Mississippi River and the Tennessee state line, covering 246 square miles of some of the most fertile agricultural land in Kentucky. The 2020 census counted 4,568 residents — one of the smallest populations of any Kentucky county — in a place where the primary industry has always been farming and the primary community institutions are the school and the church. The Mississippi River forms the western boundary, and in the flattest portions of the county near the river, the land is deep alluvial bottomland soil that grows soybeans, corn, and cotton with exceptional productivity. It is not dramatic country. It does not need to be.
The county was established in 1821, named for Captain Paschal Hickman, who died at the Battle of the River Raisin on January 22, 1813. The River Raisin was one of the worst American military disasters of the War of 1812 — a battle near present-day Monroe, Michigan in which British forces and their Native American allies killed and captured most of the Kentucky militia force that had attempted to relieve a besieged garrison. The survivors who were taken prisoner were subsequently massacred by Native American warriors, producing one of the War of 1812’s most lasting slogans: “Remember the Raisin!” Kentucky named at least two counties — Hickman and Edmonson — after officers who died that day. The county seat of Clinton was named for New York Governor DeWitt Clinton, the political champion of the Erie Canal, in the habit of the era of honoring national figures in place names.
The Smallest of Small Markets
Hickman County’s rental market is as small as you would expect for a county of under 5,000 people with no hospital, no four-year college, no significant manufacturing employer, and an economy built almost entirely on agriculture and public employment. There are no apartment complexes. There are no property management companies. There are rental houses, some of them owned by the same families for generations, and renters who are typically people known to the landlord through community ties. It is the kind of market where someone’s cousin rents someone else’s farmhouse and the arrangement has worked for fifteen years on a handshake.
The handshake arrangement is understandable. It is also legally insufficient. Kentucky’s HB128 applies to every residential tenancy in Hickman County, regardless of the personal relationship between landlord and tenant, regardless of whether the rent is $300 a month or $800, regardless of how long the arrangement has worked without incident. When it stops working — when rent goes unpaid, when the property is damaged, when the tenant refuses to leave — the absence of a written lease makes the legal process at the Hickman County Justice Center in Clinton considerably more difficult and unpredictable. A basic written lease requires nothing more than pen, paper, and fifteen minutes. It specifies the rent, the due date, the lease term, the notice provisions, and the basic obligations of both parties. It is the foundation of a defensible eviction action if one ever becomes necessary. Write it, sign it, keep a copy.
HB128 in a County of 4,568
The number of people in Hickman County does not change what the law requires. HB128 applies here with exactly the same force it applies in Jefferson County, which has a population roughly 200 times larger. The notice requirements, deposit rules, habitability standards, and prohibitions on self-help eviction are identical. There is no rural exemption, no small-county carve-out, and no provision making the law optional when both parties are neighbors who have known each other for decades.
For nonpayment of rent, serve a written 14-day notice to pay or vacate with documented proof of service. For lease violations, serve a written 14-day notice to cure or quit; termination cannot occur sooner than 30 days from that original notice. For month-to-month terminations, one full month’s written notice is required. Security deposits are capped at two times monthly rent, must be held in a separate dedicated bank account, and must be returned within 30 days of tenancy termination with an itemized written statement of any deductions. The penalty for improper withholding — $250 or twice the withheld amount, whichever is greater — applies in Clinton just as it applies in Louisville. In a market where a typical rent might be $350 to $500 per month, that $250 floor can represent half a month’s rent or more. Return the deposit promptly and document every deduction.
HB128’s nonwaivable habitability duty covers 13 categories including heating, plumbing, weatherproofing, electrical safety, pest and hazardous substance control (mold, lead, asbestos), and required safety equipment. In the Mississippi River bottomland portions of Hickman County, where humidity is high and drainage is slow, moisture management and mold prevention are ongoing maintenance obligations rather than one-time fixes. Respond to written maintenance requests within 14 days, or 5 days for essential services. No lease clause can eliminate this duty.
Self-help eviction — changing locks, cutting utilities, removing belongings without a court order — is absolutely prohibited under KRS 383.690. The penalty is three times periodic rent or actual damages, whichever is greater. File the Forcible Detainer at the Hickman County Justice Center, 110 E. Clay Street, Clinton, phone (270) 653-4371. Call ahead. The courthouse staff is lean, hours may be limited, and civil hearing dates are infrequent in a county this size. Bring your lease, your notice with proof of service, and your complete records. The process is the same as everywhere else in Kentucky; the scale is just smaller.
This guide is for general informational purposes only and does not constitute legal advice. HB128 applies to leases made on or after its effective date; prior Kentucky law governs older leases. Consult a licensed Kentucky attorney for guidance specific to your situation. Last updated: March 2026.
|
