Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Benton, Calvert City, Aurora, Hardin & Marshall County
📍 County Seat: Benton (pop. ~4,531) 👥 County Pop. 31,731 (2020) • One of KY’s Fastest-Growing ⚖️ Court: Marshall County Justice Center — 80 Judicial Dr., Benton 🌊 Kentucky Lake • Lake Barkley • Land Between the Lakes 🏭 Calvert City Industrial Complex • Chemical Manufacturing 🎣 Recreation Economy • Paducah Commuter Zone
Marshall County was established on February 4, 1842 from Calloway County and named for Chief Justice John Marshall, the fourth Chief Justice of the United States whose 34-year tenure on the Supreme Court established judicial review, defined the scope of federal power, and shaped the American constitutional order more profoundly than any other jurist in the nation’s history. The county seat, Benton, was established the same year. Marshall County covers approximately 302 square miles of western Kentucky terrain between Kentucky Lake (on the Tennessee River) and Lake Barkley (on the Cumberland River) and recorded a 2020 census population of 31,731 residents, making it one of the fastest-growing counties in western Kentucky.
Marshall County’s economy rests on two very different pillars. The first is Calvert City, which hosts one of western Kentucky’s most significant industrial complexes — chemical manufacturing, specialty chemicals, and industrial operations that have operated along the Tennessee River since the mid-20th century and employ hundreds of well-compensated technical and production workers. The second is the lake and recreation economy: Marshall County is essentially a peninsula between Kentucky Lake and Lake Barkley, and its shoreline, marinas, vacation properties, and proximity to Land Between the Lakes make it a major destination for outdoor recreation and second-home ownership. The county also functions as a bedroom community for Paducah (McCracken County, roughly 20 miles west). All residential evictions are Forcible Detainer actions filed in District Court at the Marshall County Justice Center, 80 Judicial Drive, Benton, KY 42025. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🌊 Kentucky Lake Peninsula — Between Two Great Lakes — Marshall County occupies a remarkable geographic position as a near-peninsula between Kentucky Lake (the largest man-made lake east of the Mississippi at its creation) and Lake Barkley, separated only by the narrow Land Between the Lakes strip; this dual-lake frontage makes Marshall County one of western Kentucky’s premier outdoor recreation destinations |
🏭 Calvert City Industrial Complex — Calvert City on the Tennessee River hosts a concentration of chemical manufacturing, specialty industrial, and energy operations that makes it one of western Kentucky’s most significant industrial employment centers; companies like Olin Corporation, Westlake Chemical, and others have operated here for decades |
⚖️ Named for Chief Justice John Marshall — John Marshall served as Chief Justice from 1801 to 1835, establishing in Marbury v. Madison (1803) the principle of judicial review that made the Supreme Court a co-equal branch of government; no single figure has had more lasting influence on how the American constitutional system actually operates |
📈 One of Western Kentucky’s Fastest-Growing Counties — Marshall County has grown significantly in recent decades as retirees, second-home buyers, and Paducah commuters have discovered the area’s combination of lake recreation, affordable housing, and reasonable distance from regional employment centers
📊 Quick Stats
County Seat
Benton (~4,531)
Other Communities
Calvert City, Aurora, Hardin, Gilbertsville, Draffenville, Sharpe, Briensburg
County Population
31,731 (2020) • Strong growth trend
Region
Western KY • Kentucky Lake • Lake Barkley • Purchase Area Development District
Major Employers
Calvert City industrial complex (Olin, Westlake Chemical, others), Marshall County Schools, Marshall County Hospital, county/state government, lake-area tourism & hospitality, commuter employment in Paducah (McCracken Co., ~20 mi)
Eviction Court
District Court — Marshall County Justice Center
Court Address
80 Judicial Dr., Benton, KY 42025
Court Phone
(270) 527-3522 (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
Marshall County Justice Center — 80 Judicial Dr., Benton
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)
Marshall County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Marshall County are filed in District Court at the Marshall County Justice Center, 80 Judicial Drive, Benton, KY 42025. Phone: (270) 527-3522. Benton is a small county seat accessible from US-641 and KY-80; parking is available near the justice center. Verify current civil hearing dates with the clerk before filing. As a growing county, the court’s civil docket has expanded; confirm filing requirements before your visit.
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 Marshall County’s active market, deposits on lakefront or lake-adjacent properties can be substantial; document condition thoroughly at move-in and move-out.
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.
Calvert City Industrial Tenant Profile
Calvert City’s chemical and industrial complex employs chemical operators, engineers, maintenance technicians, and management personnel at wages that are among western Kentucky’s highest for hourly manufacturing positions. These workers are Marshall County’s most financially reliable rental applicants. Verify employment with pay stubs from the specific employer (Olin, Westlake, or other Calvert City facility); industrial shift workers may have overtime and shift premiums that add substantially to base pay. Review two or three recent pay stubs to capture the full regular compensation picture.
Lake Recreation & Short-Term Rentals
Marshall County’s dual-lake frontage on Kentucky Lake and Lake Barkley generates significant short-term vacation rental demand, particularly for lakefront and lake-access properties. Property owners marketing units for under-30-day occupancy should verify with a Kentucky attorney whether URLTA applies — transient vacation occupancy is generally outside KRS Chapter 383. Check applicable zoning (Benton, Calvert City, and unincorporated areas may have different vacation rental regulations) before listing on Airbnb or VRBO. Army Corps of Engineers easements affect some Kentucky Lake and Lake Barkley shoreline properties; verify property boundaries before advertising.
Paducah Commuter Segment
Marshall County is approximately 20 miles east of Paducah via US-62 and US-641, well within commuting range of Paducah’s healthcare (Mercy Health Lourdes, Baptist Health Paducah), manufacturing, and professional services economy. Verify Paducah employment with standard documentation. The Paducah commuter segment has contributed to Marshall County’s growth and its economically diverse rental market.
Lake Flooding & Shoreline Conditions
Properties immediately adjacent to Kentucky Lake or Lake Barkley may sit within Army Corps of Engineers flood pool easement areas. Kentucky Dam and Barkley Dam are managed by the Corps; lake levels can fluctuate significantly by season and by Corps operational decisions. Verify FEMA flood zone status and any Corps easements for all lakefront or low-lying lake-adjacent properties before renting. Disclose known flooding or high-water conditions to prospective tenants in writing.
Lead Paint Disclosure
For any dwelling built before 1978 — older portions of Benton’s housing stock and older lake-area cabins — federal law requires written disclosure of known lead paint hazards and delivery of the EPA pamphlet before lease signing. Newer construction is exempt.
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 Marshall 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.
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⚠️ 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.
Marshall County market: One of western KY’s fastest-growing counties. Calvert City industrial workers are top-tier applicants. Kentucky Lake/Lake Barkley short-term rentals require URLTA analysis and Corps easement checks. Paducah commuter segment (20 mi west) adds diversity. Army Corps lake level management affects shoreline properties. Lead paint disclosure for older stock. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Two Lakes, a Chemical Complex, and HB128: Marshall County Kentucky Landlord Law
Marshall County is named for John Marshall, the Chief Justice who in Marbury v. Madison (1803) established that the Supreme Court had the authority to strike down laws that conflicted with the Constitution — a power the Constitution does not explicitly grant but which Marshall argued was inherent in the judicial function. The decision made the Supreme Court a co-equal branch of government rather than a subordinate one, and it is arguably the most consequential judicial opinion in American history. Marshall served as Chief Justice for 34 years, longer than any other, and reshaped the constitutional order so thoroughly that the country he died in looked legally quite different from the one he had started with. A western Kentucky county named for him in 1842 got good company in the history books.
The county covers 302 square miles of terrain that sits, geographically speaking, on a near-peninsula between Kentucky Lake to the west and Lake Barkley to the east, with Land Between the Lakes occupying the narrow strip between the two reservoirs to the north. This dual-lake position has made Marshall County one of the most actively growing counties in western Kentucky, with retirees, second-home buyers, and outdoor recreation enthusiasts arriving steadily since the lakes were created in the 1940s and 1960s. The 2020 census counted 31,731 residents — a number that has grown substantially in the three decades prior and shows no signs of reversing.
Calvert City: Industrial Strength on the Tennessee River
Calvert City, on the Tennessee River at the southwestern edge of Marshall County, is one of the most industrially significant small communities in western Kentucky. The Calvert City industrial complex developed in the mid-20th century when the Tennessee Valley Authority’s dam system on the Tennessee River made cheap hydroelectric power available, attracting chemical manufacturers who needed abundant electricity. Companies including Olin Corporation (chlor-alkali chemicals), Westlake Chemical (polyvinyl chloride and related products), and other specialty industrial operations have operated here for decades, collectively employing hundreds of workers in positions that are among the best-compensated hourly manufacturing jobs in the region.
For landlords, Calvert City industrial workers are the most financially reliable rental applicants in Marshall County. Chemical plant operators, maintenance technicians, and shift supervisors earn wages that are substantially above the regional average, and their employment at large industrial facilities with long operating histories is as stable as manufacturing employment gets. When reviewing pay stubs for shift workers, capture two or three recent periods to account for shift premiums and overtime that may vary week to week but add significantly to annual income. Verify specific employer with the applicant’s documentation — the Calvert City complex hosts multiple separate companies, and the pay stub’s issuing entity confirms which one.
The Lake Economy and Short-Term Rental Considerations
Kentucky Lake is the largest man-made lake east of the Mississippi by surface area at the time of its creation — a distinction it holds by a comfortable margin — and its shoreline through Marshall County is extensively developed with marinas, boat ramps, vacation cottages, and lake access communities. Lake Barkley, just to the east, adds another large reservoir with additional shoreline. This dual-lake environment drives a vacation rental market that is substantial relative to the county’s population. Properties marketed for short-term weekly or weekend occupancy by anglers, boaters, and families on lake vacations generate significant revenue but require a clear understanding of where the URLTA line falls.
Occupancies of 30 days or fewer are generally transient and outside KRS Chapter 383, meaning they are governed by contract law rather than the full HB128 framework. This does not mean operating informally — a written rental agreement for every stay, a documented condition check-in, and clear cancellation and damage terms are essential for any short-term rental operation regardless of URLTA applicability. Additionally, properties immediately adjacent to either lake may sit within Army Corps of Engineers flood pool easement areas, which affects what can be built on or near the property and may impose restrictions on use. Verify property boundaries and Corps easements before advertising any lakefront or very near-shore property as a rental.
Filing in Benton and HB128 Compliance
All residential evictions in Marshall County are Forcible Detainer actions filed at the Marshall County Justice Center, 80 Judicial Drive, Benton, KY 42025, phone (270) 527-3522. Benton is accessible; parking is available near the justice center. Verify current hearing dates before filing. HB128 compliance throughout: 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 older Benton housing and older lake-area cabins. John Marshall spent 34 years establishing the principle that the law means what it says and applies to everyone. HB128 asks for the same thing, on a considerably smaller stage.
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. Army Corps of Engineers easements affect some lakefront properties; verify before renting. 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. Army Corps of Engineers easements affect some Kentucky Lake and Lake Barkley shoreline properties; verify status before renting. Federal lead paint disclosure requirements apply to pre-1978 housing. Last updated: March 2026.
