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Magoffin County Kentucky
Magoffin County · Kentucky

Magoffin County Landlord-Tenant Law

Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Salyersville, Bloomington, Royalton & Magoffin County

📍 County Seat: Salyersville (pop. ~1,631)
👥 County Pop. 12,503 (2020)
⚖️ Court: Magoffin County Justice Center — 183 S. Church St., Salyersville
🌊 Licking River Headwaters • Eastern KY Coalfield
🏔️ Appalachian Foothills • Post-Coal Transition
🏛️ Named for Gov. Beriah Magoffin • Founded 1860

Magoffin County Rental Market Overview

Magoffin County was established on February 22, 1860 from parts of Floyd, Johnson, and Morgan counties and named for Governor Beriah Magoffin, Kentucky’s 20th governor (1859–1862) and one of the most historically significant — and embattled — political figures in Kentucky’s Civil War history. The county seat, Salyersville, was established the same year and named for an early settler. Magoffin County covers approximately 310 square miles of rugged Appalachian foothills terrain in east-central Kentucky, drained by the headwaters of the Licking River, and recorded a 2020 census population of 12,503 residents.

Magoffin County sits at a geographic crossroads of eastern Kentucky: it borders Floyd, Johnson, Morgan, Breathitt, and Knott counties, placing it within reach of several employment centers in the Big Sandy and Kentucky River watersheds. The county’s economy has historically relied on coal and timbering, with public employment (Magoffin County Schools, county government) and healthcare (Salyersville ARH) providing stable institutional anchors. The post-coal transition has reduced employment and population, but the county school system and ARH hospital remain significant employers. All residential evictions are Forcible Detainer actions filed in District Court at the Magoffin County Justice Center, 183 S. Church Street, Salyersville, KY 41465. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.

🏛️ Named for Governor Beriah Magoffin — Kentucky’s Most Embattled Civil War Governor — Beriah Magoffin served as governor when Kentucky declared neutrality at the start of the Civil War, personally sympathized with the Confederacy but refused to call a secession convention, and spent most of his term battling a hostile Unionist legislature that stripped him of most executive powers; he is a study in the impossibility of trying to stay neutral when war forces a choice   |  
🌊 Licking River Headwaters — Magoffin County sits at the headwaters of the Licking River, which drains northwestward through eastern and central Kentucky before emptying into the Ohio River at Covington; the county’s terrain is shaped by the upper Licking drainage and its many tributaries   |  
⛏️ Coal & Timber Heritage — Post-Extraction Transition — Like much of eastern Kentucky, Magoffin County’s economy was built on extractive industries — coal and timber — and is navigating the transition to a more diversified economic base; public employment and healthcare now anchor the county’s labor market   |  
🤝 Central Position Among Six Neighboring Counties — Magoffin County borders Floyd, Johnson, Morgan, Breathitt, Knott, and Wolfe counties, giving it a central position in east-central Kentucky that makes it accessible to employment centers in Paintsville (Johnson Co.), Prestonsburg (Floyd Co.), Jackson (Breathitt Co.), and Morehead (Rowan Co.)

📊 Quick Stats

County Seat Salyersville (~1,631)
Other Communities Bloomington, Royalton, Seitz, Gifford, Gunlock, Lakeville
County Population 12,503 (2020) • Declining from coal-era peak
Region East-Central KY • Licking River Headwaters • Big Sandy Area Development District
Major Employers Magoffin County Schools, Salyersville ARH Hospital (Paul B. Hall Regional Medical Center), county/state government, remaining coal operations, commuter employment in Paintsville (Johnson Co.) & Prestonsburg (Floyd Co.)
Eviction Court District Court — Magoffin County Justice Center
Court Address 183 S. Church St., Salyersville, KY 41465
Court Phone (606) 349-2216 (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 Magoffin County Justice Center — 183 S. Church St., Salyersville
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)

Magoffin County Local Rules & Landlord Procedures

Topic Rule / Notes
Filing Evictions — Where & Who All evictions (Forcible Detainer actions) in Magoffin County are filed in District Court at the Magoffin County Justice Center, 183 S. Church Street, Salyersville, KY 41465. Phone: (606) 349-2216. Salyersville is a small county seat; call ahead to verify current office hours, clerk contact, and civil hearing dates. Street parking is available near the justice center.
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 a low-rent market the $250 floor penalty is significant relative to 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.
Tenant Pool & Income Profile Magoffin County’s rental pool is anchored by school employees, ARH hospital workers, and county government staff. Transfer payments (Social Security disability, veterans’ benefits) support a meaningful share of the population. Commuters travel to Paintsville (Johnson Co., ~20 miles northeast), Prestonsburg (Floyd Co., ~25 miles east), and occasionally Jackson (Breathitt Co., ~20 miles west). Apply income documentation consistently across all income types: pay stubs for wage earners; award letters and bank statements for transfer payment recipients.
Licking River Headwaters & Flood Risk Magoffin County’s terrain is drained by the upper Licking River and its tributaries. Creek bottom and hollow-sited properties carry flood and moisture risk typical of eastern Kentucky’s Appalachian foothills. Verify FEMA flood zone status for any riverside or low-lying property before renting, disclose known flood risk in writing, and maintain HB128’s structural and weatherproofing habitability obligations.
Lead Paint Disclosure For any dwelling built before 1978 — essentially all of Magoffin 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 Magoffin County Justice Center.

Last verified: March 2026 · Source: Kentucky Court of Justice — Magoffin County

🏛️ Courthouse Finder

🏛️ Courthouse Information and Locations for Kentucky

💵 Cost Snapshot

💰 Eviction Costs: Kentucky
Filing Fee 75
Total Est. Range $125-$300
Service: — Writ: —

Kentucky State Law Framework

⚡ Quick Overview

7
Days Notice (Nonpayment)
14
Days Notice (Violation)
21-35
Avg Total Days
$75
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 7-Day Notice to Pay or Vacate
Notice Period 7 days
Tenant Can Cure? Yes
Days to Hearing 3-7 days
Days to Writ 7 days
Total Estimated Timeline 21-35 days
Total Estimated Cost $125-$300
⚠️ Watch Out

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).

Underground Landlord

📝 Kentucky Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the District Court. Pay the filing fee (~$75).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. 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.
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🔍 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.
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🏘️ Communities & Screening Tips

Key communities: Salyersville (county seat, ~1,631), Bloomington, Royalton, Seitz, Gifford, Gunlock.

Magoffin County market: Small post-coal Appalachian county. School employees, ARH hospital staff, and county government workers anchor the stable rental base. Transfer payment recipients are a significant segment; apply income documentation consistently. Commuter corridors to Paintsville and Prestonsburg add income diversity. Licking River headwaters flood risk. Lead paint disclosure required for essentially all housing. No rent control.

Kentucky HB128 key rules: 14-day notice (nonpayment), 14-day cure / 30-day termination (violations), 1-month M-to-M notice, nonwaivable habitability, 30-day deposit return, 2x monthly rent cap, $250 or 2x penalty, self-help eviction prohibited.

Magoffin County Landlords

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Beriah Magoffin’s Impossible Position and HB128: Magoffin County Kentucky Landlord Law

Beriah Magoffin became governor of Kentucky in 1859 with Confederate sympathies, a state that wanted to stay out of the war, and a Unionist legislature determined to keep him from acting on either. He refused to send troops when Lincoln called for them in April 1861, declaring Kentucky’s neutrality. He privately hoped the Confederacy would win. But he also refused to call a secession convention, correctly reading that Kentucky’s population was too divided for secession to succeed, and he worked to keep the state formally neutral for as long as possible. When Confederate forces invaded Kentucky in September 1861, ending the neutrality experiment, Magoffin’s political position collapsed. The Unionist legislature, furious at what it saw as his Confederate sympathy, stripped him of most of his executive powers through a series of laws that essentially nullified the governorship. He finished his term in 1862 having pleased almost no one and prevented almost nothing. History has been somewhat kinder to him than his contemporaries were: his insistence on neutrality, however motivated, may have bought Kentucky time that ultimately kept it in the Union.

The county named for him was established in 1860 — the year before the war began, the year before Magoffin’s governorship became a study in impossibility. It covers 310 square miles of Appalachian foothills terrain drained by the upper Licking River in east-central Kentucky, and the 2020 census counted 12,503 residents, a number reflecting decades of slow decline as coal employment contracted and younger residents found opportunity elsewhere.

The Stable Foundation: Schools, Hospital, Government

Magoffin County’s rental market, small as it is, rests on a foundation of public and institutional employment that is as recession-resistant as any employment in eastern Kentucky. The Magoffin County Schools system employs teachers, bus drivers, cafeteria workers, and administrators across multiple buildings, providing stable W-2 income for a significant share of the county’s workforce. Paul B. Hall Regional Medical Center (the Salyersville ARH hospital, named for a longtime Magoffin County congressman and congressional power broker) serves as the county’s primary healthcare anchor, employing physicians, nurses, and support staff. County and state government add public employment at various levels.

The commuter corridors matter for the rental market’s income diversity. Paintsville in Johnson County, roughly 20 miles to the northeast, has ARH Paintsville Hospital and a broader commercial base. Prestonsburg in Floyd County, roughly 25 miles to the east, has a hospital, a community college, and the Mountain Arts Center. Jackson in Breathitt County, roughly 20 miles to the west, offers another employment center. Workers at any of these destinations who choose to live in Magoffin County for family, cost, or preference reasons bring income from outside the county’s own economic base. Verify their employment at those destinations with standard documentation and apply income ratio criteria consistently.

Filing in Salyersville and HB128 Compliance

All residential evictions in Magoffin County are Forcible Detainer actions filed at the Magoffin County Justice Center, 183 S. Church Street, Salyersville, KY 41465, phone (606) 349-2216. Salyersville is a small county seat; call ahead to verify office 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 written 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 essentially every rental unit in the county. Written leases strongly recommended for all tenancies regardless of personal familiarity.

Beriah Magoffin tried to navigate a situation where every available position was untenable and every choice was wrong. HB128 offers landlords a considerable luxury by comparison: clear rules, predictable procedures, and a specific courthouse at which disputes are resolved. Follow the rules, serve the notice, and file in Salyersville when necessary. The impossibility of neutrality is a problem for governors. It is not a problem for landlords who keep good records.

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.

🗺️ Neighboring Counties
⚠️ 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. Federal lead paint disclosure requirements apply to pre-1978 housing. Licking River flood zone status should be verified through FEMA flood maps. Consult a licensed Kentucky attorney for guidance. Last updated: March 2026.

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