Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Smithland, Grand Rivers, Birdsville & Livingston County
📍 County Seat: Smithland (pop. ~318) 👥 County Pop. 9,227 (2020) ⚖️ Court: Livingston County Justice Center — 134 W. Court St., Smithland 🌊 Cumberland & Tennessee Rivers • Land Between the Lakes 🏖️ Grand Rivers • Tourism & Recreation Economy 🏛️ Named for Edward Livingston • One of KY’s Smallest Counties
Livingston County was established on December 19, 1798 from Christian County and named for Edward Livingston, a New York congressman, future Louisiana senator, Secretary of State under Andrew Jackson, and the man who would later codify the Louisiana criminal code. The county seat, Smithland, sits at one of the most historically significant river confluences in the American interior: the point where the Cumberland River empties into the Ohio River. Livingston County covers approximately 316 square miles of western Kentucky terrain and recorded a 2020 census population of just 9,227 residents, making it one of Kentucky’s smallest counties by population.
Livingston County’s geography defines its economy in ways that are unusual even by Kentucky standards. The county encompasses the northern gateway to Land Between the Lakes National Recreation Area — the 170,000-acre federal recreation area between Lake Barkley (on the Cumberland River) and Kentucky Lake (on the Tennessee River) — and the community of Grand Rivers at the northern tip of Land Between the Lakes has developed as a tourism, hospitality, and antiques destination that draws visitors from across the region. The county’s small population supports a modest but tourism-influenced rental market. All residential evictions are Forcible Detainer actions filed in District Court at the Livingston County Justice Center, 134 W. Court Street, Smithland, KY 42081. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🌊 Smithland — Where the Cumberland Meets the Ohio — Smithland sits at the confluence of the Cumberland River and the Ohio River, one of the most strategically significant inland river junctions in American history; during the Civil War, control of this confluence was militarily critical, and Union forces used it as a staging point for operations up the Cumberland and Tennessee rivers |
🏖️ Grand Rivers & Land Between the Lakes — The community of Grand Rivers at the northern tip of Land Between the Lakes has become one of western Kentucky’s most popular tourism and antiques destinations; the Patti’s 1880’s Settlement restaurant complex and proximity to Lake Barkley and Kentucky Lake drive significant visitor traffic |
⛵ Land Between the Lakes National Recreation Area — The 170,000-acre federal recreation area managed by the U.S. Forest Service between Lake Barkley and Kentucky Lake forms the eastern edge of Livingston County and is one of the most visited federal recreation areas in the eastern United States |
🏛️ Named for Edward Livingston — Jackson’s Secretary of State — Edward Livingston served as Andrew Jackson’s Secretary of State, as a Louisiana senator, and famously codified Louisiana’s criminal code; his brother Robert Livingston negotiated the Louisiana Purchase on behalf of the Jefferson administration
📊 Quick Stats
County Seat
Smithland (~318) • One of KY’s smallest county seats
Other Communities
Grand Rivers, Birdsville, Salem, Burna, Tiline, Golconda (IL, across Ohio River)
County Population
9,227 (2020) • One of KY’s smallest counties
Region
Western KY • Ohio & Cumberland Rivers • Pennyrile ADD • Land Between the Lakes
Major Employers
Livingston County Schools, county/state government, Land Between the Lakes (USFS), Grand Rivers tourism & hospitality, agriculture, commuter employment in Paducah (McCracken Co.)
Eviction Court
District Court — Livingston County Justice Center
Court Address
134 W. Court St., Smithland, KY 42081
Court Phone
(270) 928-2166 (verify with clerk)
Rent Control
None — Kentucky preempts local rent control
Governing Law
KRS Chapter 383 / HB128 (2023) for leases on or after effective date
⚡ Eviction At-a-Glance
Nonpayment Notice
14-Day Notice to Pay or Vacate
Lease Violation
14-Day Notice to Cure; termination no sooner than 30 days
Month-to-Month Term.
1 Month’s Written Notice
Week-to-Week Term.
5-Day Written Notice
Eviction Filing Location
Livingston County Justice Center — 134 W. Court St., Smithland
Eviction Timeline
3–6 weeks typical after notice period
Security Deposit Cap
2× monthly rent (plus 1st month’s rent & fees)
Deposit Return
30 days with itemized deductions
Deposit Penalty
$250 or 2× amount withheld, whichever greater
Habitability Duty
Nonwaivable (KRS 383.595 / HB128)
Statute
KRS Chapter 383 — HB128 (2023 Session)
Livingston County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Livingston County are filed in District Court at the Livingston County Justice Center, 134 W. Court Street, Smithland, KY 42081. Phone: (270) 928-2166. Smithland is one of Kentucky’s smallest county seats (population under 400); call ahead to verify current office hours, clerk contact, and civil hearing dates. Parking is available near the justice center on Court Street.
Nonpayment of Rent — Notice
Under HB128 (KRS 383.660), serve the tenant a 14-day written notice to pay or vacate stating the specific termination date. Retain dated, verifiable proof of service. If the tenant pays in full within 14 days, the lease continues.
Lease Violation — Notice & Cure
For non-rent violations, serve a 14-day written notice to cure or quit specifying the exact breach. If remedied within 14 days, the lease continues. If not, termination no sooner than 30 days from original notice. Consult a Kentucky attorney for repeat violations or criminal acts.
Month-to-Month Termination
One full month’s written notice required (KRS 383.695). Week-to-week: 5 days’ written notice.
Security Deposit
Capped at 2× monthly rent. Held in a dedicated, separately titled bank account. Return within 30 days with itemized deductions. Penalty: $250 or 2× the withheld amount, whichever is greater. In Livingston County’s modest market the $250 floor penalty can approach or exceed a typical deposit; document condition carefully.
Habitability — Nonwaivable Duty
HB128 imposes a nonwaivable habitability duty across 13 categories: structural integrity, weatherproofing, plumbing, water, heating/ventilation, electrical, pest/hazardous substances (lead, mold, asbestos), common areas, trash, floors/walls/windows, appliances, locks, and safety equipment. Respond to written maintenance notices within 14 days (5 days for essential services).
Landlord Entry — Notice
Standard entry: 24 hours’ advance notice. Routine maintenance: 72 hours’ notice. Emergency: reasonable notice. Leave written notice if tenant is absent.
Grand Rivers Tourism & Short-Term Rentals
Grand Rivers’ tourism economy — Land Between the Lakes access, antiques, Patti’s restaurant complex, Lake Barkley marinas — creates short-term vacation rental demand that is significant relative to the county’s size. Property owners in Grand Rivers or near the lakes marketing units for under-30-day occupancy should verify with a Kentucky attorney whether URLTA applies; transient occupancy is generally outside KRS Chapter 383. Check local zoning and any applicable vacation rental regulations before listing on platforms like Airbnb or VRBO.
Ohio & Cumberland River Flood Risk
Smithland sits at the Ohio-Cumberland confluence, and both rivers can reach flood stage following significant rainfall events in their respective watersheds. Properties near the confluence or in Ohio River and Cumberland River bottomland carry documented flood risk. Verify FEMA flood zone status before renting any low-lying riverside property, disclose known flood risk in writing, and maintain HB128’s structural and weatherproofing habitability obligations continuously.
Paducah Commuter Segment
Some Livingston County residents commute to Paducah (McCracken County, roughly 35–45 miles west via US-60 or KY-453) for employment in healthcare (Mercy Health Lourdes, Baptist Health Paducah), the Paducah Gaseous Diffusion Plant area (now Paducah Site cleanup operations), manufacturing, and professional services. Verify Paducah employment with standard documentation.
Lead Paint Disclosure
For any dwelling built before 1978 — most of Livingston County’s housing stock — federal law requires written disclosure of known lead paint hazards and delivery of the EPA pamphlet before lease signing.
Rent Control
None. Kentucky does not permit local rent control.
Self-Help Eviction
Expressly prohibited (KRS 383.690). Penalty: 3× periodic rent or 3× actual damages, whichever is greater. File a Forcible Detainer at the Livingston County Justice Center.
Kentucky URLTA applies ONLY in specific adopting counties (including Jefferson/Louisville, Fayette/Lexington, and ~20 others). Non-URLTA counties use common law forcible detainer (KRS §383.200-383.285), which may have different procedures. The 7-day nonpayment notice under §383.660(2) requires payment of the FULL amount owed - accepting partial payment may restart the notice period. Tenant can cure by paying within the 7-day period. If the same nonpayment recurs within 6 months, landlord can issue 14-day unconditional quit. Late fees: no statutory cap, but Hemlane and others report 10% industry standard. Security deposit max: 1 month per KRS §383.580(1).
Serve the required notice based on the eviction reason (nonpayment or lease violation).
Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
File an eviction case with the District Court. Pay the filing fee (~$75).
Tenant is served with a summons and has the opportunity to respond.
Attend the court hearing and present your case.
If you prevail, obtain a writ of possession from the court.
Law enforcement executes the writ and removes the tenant if necessary.
⚠️ Disclaimer: This page provides general information about Kentucky eviction laws and does not constitute legal advice.
Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections.
For specific legal guidance, consult a qualified Kentucky attorney or local legal aid organization.
🔍 Reduce Your Risk Before Signing a Lease:
Kentucky landlords who screen tenants carefully before signing a lease significantly
reduce their risk of ending up in eviction court. Understanding
tenant screening in Kentucky —
including background checks, credit history, income verification, and rental references — is one of the most
cost-effective steps you can take to protect your rental property. Before you ever need Kentucky's
eviction process, proper tenant screening can help
you identify red flags early and avoid problem tenancies altogether.
Ready to File?
Generate Kentucky-Compliant Legal Documents
AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to Kentucky requirements.
Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.
⚠️ Disclaimer: These calculations are estimates based on state statutes and typical court timelines. Actual results vary by county, court backlog, and case specifics. Always verify current requirements with your local courthouse. This is not legal advice.
Livingston County market: Very small western KY county anchored by school/government employment and Land Between the Lakes tourism. Grand Rivers short-term rentals require URLTA review. Ohio/Cumberland River confluence flood risk at Smithland requires FEMA verification. Paducah commuter segment adds stable employment options. Lead paint disclosure required for most housing. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Where Two Rivers Meet: Livingston County Kentucky Landlord Law and HB128
Smithland, Kentucky occupies one of the genuinely strategic locations in American river geography. The town sits at the confluence of the Cumberland River and the Ohio River — the point where the Cumberland, which has traveled 688 miles from its headwaters in southeastern Kentucky and Tennessee, finally delivers its waters into the Ohio. During the Civil War this confluence was militarily critical. Control of the Cumberland River meant potential access to Nashville and middle Tennessee; the Union recognized this early, and the operations up the Cumberland and Tennessee rivers in early 1862 — culminating in the capture of Fort Donelson and Ulysses Grant’s famous “no terms except an unconditional and immediate surrender” — were staged in part from the confluence area where Smithland sits. The town itself is tiny today: under 400 residents, a courthouse, a handful of businesses, a river view that has not changed in its essential geography since the first settlers arrived.
Livingston County was established in 1798, named for Edward Livingston, a New York congressman whose career would eventually make him Andrew Jackson’s Secretary of State and one of the more distinguished legal minds of the early American republic. (His brother Robert Livingston negotiated the Louisiana Purchase on behalf of the Jefferson administration, making the Livingston family responsible for two of the county-naming pool’s more significant contributions to American legal and diplomatic history.) The county covers 316 square miles of western Kentucky terrain and counted 9,227 residents in 2020 — one of the smallest populations of any Kentucky county.
Grand Rivers and the Land Between the Lakes Economy
If Smithland is Livingston County’s historic heart, Grand Rivers is its commercial engine. The community at the northern tip of Land Between the Lakes National Recreation Area has developed over the past several decades into one of western Kentucky’s more distinctive tourism destinations. The Patti’s 1880’s Settlement restaurant complex — which began as a single restaurant and expanded into a collection of gift shops, gardens, and accommodations — draws visitors from across the region. Antique shops along US-641 capture traffic from Lake Barkley and Kentucky Lake boaters and campers. The two lakes themselves, formed by the impoundment of the Cumberland and Tennessee rivers by Barkley Dam and Kentucky Dam respectively, are among the largest man-made lakes in the eastern United States and generate year-round outdoor recreation activity.
For landlords, the Land Between the Lakes tourism economy creates a short-term vacation rental demand that is unusually significant relative to the county’s population size. Property owners near the lakes or in Grand Rivers who market units on Airbnb, VRBO, or similar platforms for seasonal or weekend occupancy should understand the URLTA applicability question: occupancies of 30 days or fewer are generally transient and outside the scope of KRS Chapter 383. This is not a license to operate without structure — it means that short-term vacation rental relationships are governed by contract law and any applicable local regulations rather than the full HB128 framework. Consult a Kentucky attorney before establishing a short-term rental operation, check applicable zoning in Grand Rivers or unincorporated lake-adjacent areas, and document every transaction.
Smithland’s Flood Geography
The Ohio-Cumberland confluence at Smithland is beautiful geography and, at times, dangerous hydrology. When the Ohio is running high from precipitation across its vast Ohio Valley watershed and the Cumberland is simultaneously elevated from rainfall across its southeastern Kentucky and Tennessee watershed, the waters back up against each other at the confluence in ways that can flood the lower portions of Smithland. This is not a theoretical risk; it is a documented historical pattern. Before renting any property in Smithland’s low-lying areas or elsewhere in the county near the Ohio, Cumberland, or tributary streams, verify FEMA flood zone status, check the property’s flood history, and disclose known flood risk to prospective tenants in writing. HB128’s structural integrity and weatherproofing habitability obligations apply continuously for flood-adjacent properties — the annual inspection of drainage systems, foundation integrity, and moisture barriers is not optional in a confluence town.
HB128 in Smithland
All residential evictions in Livingston County are Forcible Detainer actions filed at the Livingston County Justice Center, 134 W. Court Street, Smithland, KY 42081, phone (270) 928-2166. Smithland is very small; call ahead to verify hours and hearing dates. HB128 compliance: written 14-day notice to pay or vacate; 14-day cure with 30-day minimum termination; one month’s M-to-M notice; deposits at two times monthly rent in a separate account returned within 30 days with itemized deductions; $250 or 2x penalty; nonwaivable habitability; 24-hour entry notice; self-help eviction prohibited at three times periodic rent. Lead paint disclosure required for most Livingston County housing. The Cumberland meets the Ohio at Smithland regardless of what else is happening in the world. The law meets the landlord-tenant relationship at the same consistent point — every tenancy, every county, the same requirements.
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. Short-term vacation rental occupancies under 30 days may fall outside URLTA; consult a Kentucky attorney. Consult a licensed Kentucky attorney for guidance specific to your situation. Last updated: March 2026.
⚠️ Legal Disclaimer: This page is provided for general informational purposes only and does not constitute legal advice. Kentucky’s Uniform Residential Landlord and Tenant Act (HB128) applies to leases made on or after its effective date; prior law governs older leases. Short-term vacation rental occupancies under 30 days may fall outside URLTA; consult a Kentucky attorney. Federal lead paint disclosure requirements apply to pre-1978 housing. Ohio and Cumberland River flood zone status should be verified through FEMA flood maps. Consult a licensed Kentucky attorney for guidance. Last updated: March 2026.
