Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Whitley City, Pine Knot, Stearns, Monticello Road & McCreary County
📍 County Seat: Whitley City (pop. ~1,093) 👥 County Pop. 17,481 (2020) ⚖️ Court: McCreary County Justice Center — 1 Courthouse Sq., Whitley City 🏔️ Big South Fork • Daniel Boone NF • Tennessee Border 🚂 Stearns Coal & Lumber • Big South Fork Scenic Railway 🌲 Most Forested County in KY • One of KY’s Poorest Counties
McCreary County was established on March 18, 1912 from parts of Pulaski, Wayne, and Whitley counties and named for James B. McCreary, who served as Kentucky’s governor twice (1875–1879 and 1911–1915) — the longest interval between two terms of any Kentucky governor. The county seat, Whitley City, is a small unincorporated community that serves as the governmental center. McCreary County is Kentucky’s newest county and one of its most distinctive geographically: it is often cited as the most forested county in Kentucky, with a very large portion of its 432 square miles covered by Daniel Boone National Forest and the Big South Fork National River and Recreation Area. The 2020 census counted 17,481 residents.
McCreary County’s economic history is dominated by the Stearns Coal & Lumber Company, which founded the town of Stearns in 1902 as a planned company town and operated one of the largest coal and lumber operations in the region for decades. The Stearns operation is largely gone, but its legacy remains visible in the preserved company town structures and in the Big South Fork Scenic Railway that operates excursion trains through former mining territory. Today the county is among Kentucky’s most economically challenged — poverty rates and unemployment consistently rank among the state’s highest — with the school system, county government, and limited tourism around Big South Fork as the primary economic anchors. All residential evictions are Forcible Detainer actions filed in District Court at the McCreary County Justice Center, 1 Courthouse Square, Whitley City, KY 42653. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
🌲 Most Forested County in Kentucky — Big South Fork & Daniel Boone NF — McCreary County has a higher percentage of its land area covered by forest than any other Kentucky county; much of that forest is federally managed as part of Daniel Boone National Forest and the Big South Fork National River and Recreation Area, making large-scale private development impossible and limiting the buildable land available for housing |
🚂 Stearns & the Big South Fork Scenic Railway — The town of Stearns was founded in 1902 as a planned company town by the Stearns Coal & Lumber Company; the Big South Fork Scenic Railway now operates excursion trains through the former mining territory, offering one of the most distinctive tourist experiences in southeastern Kentucky |
🏛️ Named for Governor James B. McCreary — Two Non-Consecutive Terms — James B. McCreary served as Kentucky’s governor twice, with a 32-year gap between his two terms (1875–1879 and 1911–1915); no other Kentucky governor has held the office with a longer interval between terms, making him a singular figure in state political history |
📅 Kentucky’s Newest County — Established 1912 — McCreary County was established on March 18, 1912, making it the most recently created of Kentucky’s 120 counties; it was carved out of the southeastern corner of the state at a time when the Stearns coal and timber boom was attracting population to a previously sparse region
📊 Quick Stats
County Seat
Whitley City (~1,093, unincorporated)
Other Communities
Pine Knot, Stearns, Revelo, Parkers Lake, Strunk, Barthell
County Population
17,481 (2020) • Among KY’s poorest counties
Region
South-Central KY • Tennessee Border • Lake Cumberland ADD
Major Employers
McCreary County Schools, county/state government, Big South Fork NRA (NPS), limited tourism & hospitality, remaining timber operations, transfer payments dominant
Eviction Court
District Court — McCreary County Justice Center
Court Address
1 Courthouse Sq., Whitley City, KY 42653
Court Phone
(606) 376-2411 (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
McCreary County Justice Center — 1 Courthouse Sq., Whitley City
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)
McCreary County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in McCreary County are filed in District Court at the McCreary County Justice Center, 1 Courthouse Square, Whitley City, KY 42653. Phone: (606) 376-2411. Whitley City is a small unincorporated community; call ahead to verify current office hours, clerk contact, and civil hearing dates before making the trip. Parking is available near the courthouse square.
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 one of Kentucky’s lowest-rent markets, the $250 floor penalty is highly significant; document condition carefully at every tenancy.
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.
Income Profile & Federal Land Constraints
McCreary County’s economy is severely constrained by the dominance of federal land (Daniel Boone NF, Big South Fork NRA) which cannot be developed or taxed. The practical rental market is very small and rests almost entirely on school employees, county government workers, NPS/USFS federal employees (National Park Service and Forest Service staff managing Big South Fork and Daniel Boone NF), and transfer payment recipients. Federal employees have stable, benefits-eligible income verifiable through pay stubs or Standard Form (SF-50) personnel documents. Apply income documentation consistently regardless of income source — NPS ranger or transfer payment recipient, both deserve the same documentation standard.
Big South Fork Tourism & Seasonal Employment
Big South Fork National River and Recreation Area attracts hikers, paddlers, equestrians, and Big South Fork Scenic Railway riders. Seasonal hospitality and tourism employment in the Stearns/Barthell area is variable — review multiple months of pay history for seasonally employed applicants and consider whether annual income is sufficient to sustain a 12-month lease.
Big South Fork & Cumberland River Flood & Terrain Risk
The Big South Fork of the Cumberland River drains McCreary County, and properties in gorge-adjacent or creek bottom locations carry flood risk. Steep Appalachian terrain also creates slope drainage and moisture infiltration challenges. Verify FEMA flood zone status for any low-lying property and maintain HB128’s structural and weatherproofing habitability obligations continuously.
Lead Paint Disclosure
For any dwelling built before 1978 — essentially all of McCreary 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 McCreary 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.
Underground Landlord
🏘️ Communities & Screening Tips
Key communities: Whitley City (county seat, unincorporated, ~1,093), Pine Knot, Stearns (historic company town), Revelo, Parkers Lake, Strunk.
McCreary County market: Kentucky’s newest and most forested county. Severely economically distressed — schools, county government, NPS/USFS federal employees, and transfer payments anchor a tiny rental pool. Seasonal Big South Fork tourism employment is variable; assess annual income. Big South Fork flood risk in gorge and creek bottom areas. Lead paint disclosure required for all housing. Written leases essential. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Kentucky’s Newest County, Its Most Forested Land, and HB128: McCreary County Landlord Law
McCreary County was established on March 18, 1912 — making it Kentucky’s youngest county, the last of 120 to be carved out of the state’s political geography. It was created at a moment when the Stearns Coal & Lumber Company had transformed a previously sparse corner of southeastern Kentucky into an active extraction economy, pulling timber and coal from terrain that had been largely inaccessible to industrial-scale operations before the railroad arrived. The county was named for James B. McCreary, who had served as governor in 1875 and was serving again in 1911 — a 32-year gap between his two terms that is unmatched in Kentucky gubernatorial history. The county seat, Whitley City, is an unincorporated community that has remained small throughout the county’s existence.
The geographic fact that defines McCreary County above all others is its forests. The county is often cited as Kentucky’s most forested, with vast tracts managed as part of Daniel Boone National Forest and the Big South Fork National River and Recreation Area (NRRA). Big South Fork is one of the more spectacular river gorge landscapes in the eastern United States: the Big South Fork of the Cumberland River has carved a gorge through the Cumberland Plateau that descends hundreds of feet below the surrounding terrain, exposing sandstone cliffs and rock shelters, creating whitewater rapids, and providing habitat for species that have declined elsewhere. The National Park Service manages the recreation area; it is a genuine wilderness destination. It is also, from a landlord’s perspective, land that cannot be developed, taxed, or used as residential building ground. The consequence is that McCreary County has very little available land for housing outside of the small communities along US-27.
Stearns: The Company Town That Became a Tourist Attraction
The Stearns Coal & Lumber Company founded the town of Stearns in 1902 as a planned company town with company-built housing, a company store, a company-owned hotel, and all the infrastructure of a self-contained industrial settlement. At its peak, Stearns and its associated camps employed hundreds of workers in underground coal mines and sawmills. When the Stearns company wound down its operations in the mid-20th century, it donated much of its land to the federal government, which became the foundation of Big South Fork NRRA. What remained of the built environment became a preservation project. Today the Big South Fork Scenic Railway, which operates excursion trains down into the gorge from Stearns to the restored mining camp at Blue Heron, is one of the most distinctive tourist experiences in southeastern Kentucky. The Barthell Coal Camp has been preserved as an overnight accommodation experience. These are genuinely unusual attractions for a county of fewer than 18,000 people.
The Rental Market: Federal Employees and the School System
McCreary County’s rental market is among the smallest and most economically constrained in Kentucky. The county’s poverty rate and unemployment figures consistently place it among the state’s most distressed. The formal employment base consists primarily of McCreary County Schools, county and state government, and the federal employees of the National Park Service (Big South Fork NRRA) and U.S. Forest Service (Daniel Boone NF). Federal employees have stable, benefits-eligible positions with income verifiable through recent pay stubs or Standard Form 50 (SF-50) personnel action documents; they represent some of the most financially reliable rental applicants the county produces.
Transfer payments — Social Security disability, veterans’ benefits, SSI — support a substantial share of the household economy, as they do in Martin, Owsley, and other severely distressed Kentucky counties. Apply the same consistent documentation approach: award letters, bank statement confirmation of regular deposits. Do not categorically exclude transfer payment recipients; a reliable monthly federal payment is as predictable as a government paycheck. Written leases are essential in a market this small and relationship-based.
Filing in Whitley City and HB128 Compliance
All residential evictions in McCreary County are Forcible Detainer actions filed at the McCreary County Justice Center, 1 Courthouse Square, Whitley City, KY 42653, phone (606) 376-2411. Whitley City is small and the court is lean on staffing; 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 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 all McCreary County housing. McCreary County was the last county Kentucky created, and HB128 is the most recent comprehensive revision to Kentucky landlord-tenant law. Both arrived after everything around them was already in place. Both apply fully, regardless.
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.
⚠️ 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. Big South Fork flood zone status should be verified through FEMA flood maps. Large portions of McCreary County are federal land (Daniel Boone NF, Big South Fork NRRA) not available for private development. Consult a licensed Kentucky attorney for guidance. Last updated: March 2026.
