Kentucky landlord guide — courthouse info, local rules & HB128 eviction procedures for Elkton, Guthrie, Clifty & Todd County
📍 County Seat: Elkton (pop. ~1,817) 👥 County Pop. 12,161 (2020) ⚖️ Court: Todd County Justice Center — 301 N. Main St., Elkton 🌾 Tennessee Border • Western KY Pennyrile • Tobacco & Agriculture 🚗 Clarksville TN & Hopkinsville Commuter Zone 🏛️ Named for Col. John Todd • Revolutionary War • Founded 1820
Todd County was established on December 30, 1819 from parts of Christian and Logan counties and named for Colonel John Todd, a Revolutionary War officer and one of the founding legislators of Kentucky who was killed at the Battle of Blue Licks in August 1782 — the last major battle of the Revolutionary War on Kentucky soil. The county seat, Elkton, was established in 1820. Todd County covers approximately 377 square miles of western Kentucky Pennyrile terrain along the Tennessee border and recorded a 2020 census population of 12,161 residents.
Todd County’s economy is primarily agricultural — the county sits in the western Kentucky dark-fired tobacco and grain belt — with the school system and county government as the primary formal employers. The county’s most significant economic relationships are external: Hopkinsville (Christian County, about 18 miles west) is the dominant regional employment center, and Clarksville, Tennessee (about 25 miles south) anchors a significant cross-border employment flow that brings Tennessee wages and Fort Campbell defense employment to some Todd County households. All residential evictions are Forcible Detainer actions filed in District Court at the Todd County Justice Center, 301 N. Main Street, Elkton, KY 42220. Kentucky’s HB128 (2023) governs all residential leases made on or after its effective date.
⚔️ Named for Col. John Todd — Killed at Battle of Blue Licks (1782) — John Todd was a Revolutionary War officer and one of Kentucky’s founding legislators; he was killed at the Battle of Blue Licks on August 19, 1782 — considered the last significant battle of the Revolutionary War, fought on Kentucky soil after Cornwallis’s surrender at Yorktown |
🌾 Dark-Fired Tobacco & Pennyrile Agriculture — Todd County sits in the western Kentucky Pennyrile region, historically one of the most productive dark-fired tobacco counties in the state; the county’s agricultural economy also includes grain crops and beef cattle on its rolling terrain |
🏙️ Hopkinsville & Clarksville TN — Dual Commuter Corridors — Elkton sits roughly equidistant between Hopkinsville (~18 mi W) and Clarksville, Tennessee (~25 mi S); this dual-corridor position gives some Todd County households access to both the Hopkinsville/Fort Campbell employment complex and the Clarksville/Austin Peay/Tennessee employment market |
🎸 Robert Penn Warren Birthplace — Guthrie, KY — Guthrie, Kentucky (Todd County) is the birthplace of Robert Penn Warren, the only writer to win the Pulitzer Prize in both fiction and poetry and the first official U.S. Poet Laureate; the town’s Robert Penn Warren Birthplace Museum celebrates this literary heritage
📊 Quick Stats
County Seat
Elkton (~1,817)
Other Communities
Guthrie (Robert Penn Warren birthplace), Clifty, Allensville, Trenton
County Population
12,161 (2020)
Region
Western KY • Pennyrile • Pennyroyal ADD • Tennessee border
Major Employers
Todd County Schools, county/state government, agriculture (dark-fired tobacco, grain, cattle), commuter employment in Hopkinsville (Christian Co., ~18 mi W) & Clarksville TN (~25 mi S, incl. Fort Campbell)
Eviction Court
District Court — Todd County Justice Center
Court Address
301 N. Main St., Elkton, KY 42220
Court Phone
(270) 265-2361 (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
Todd County Justice Center — 301 N. Main St., Elkton
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)
Todd County Local Rules & Landlord Procedures
Topic
Rule / Notes
Filing Evictions — Where & Who
All evictions (Forcible Detainer actions) in Todd County are filed in District Court at the Todd County Justice Center, 301 N. Main Street, Elkton, KY 42220. Phone: (270) 265-2361. Elkton is a small county seat of about 1,800; call ahead to verify current hours, clerk availability, and hearing dates before making the trip.
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.
Lease Violation — Notice & Cure
Serve a 14-day written notice to cure or quit. If not remedied, termination no sooner than 30 days from original notice.
Month-to-Month Termination
One full month’s written notice. Week-to-week: 5 days’ written notice.
Security Deposit
Capped at 2× monthly rent. Separate account. Return within 30 days with itemized deductions. Penalty: $250 or 2× withheld, whichever greater. Document condition at every tenancy.
Habitability — Nonwaivable
Nonwaivable duty across 13 categories. Respond within 14 days (5 days for essential services).
Hopkinsville (Christian County, ~18 miles west) is the dominant regional employment center. Jennie Stuart Medical Center, Western Kentucky University’s Hopkinsville campus, Fort Campbell civilian employment, and Hopkinsville’s commercial economy are accessible daily from Elkton. Verify Hopkinsville employment with standard pay stubs or employer letters.
Clarksville TN & Fort Campbell Cross-Border Segment
Clarksville, Tennessee (~25 miles south) and Fort Campbell (on the KY-TN border, ~30 miles southwest) create a significant cross-border employment flow for Todd County residents. Fort Campbell military personnel have SCRA protections (see Christian/Trigg county entries). Civilian DOD employees and Clarksville commercial workers commute without those protections. Tennessee has no state income tax; Todd County residents working in Tennessee keep slightly more take-home than KY-employed neighbors. Kentucky HB128 still governs all Todd County tenancies regardless of where the tenant works. Verify cross-border employment with standard documentation.
Agricultural Income
Dark-fired tobacco, grain, and cattle farming are significant income sources for some Todd County households. Apply consistent documentation using prior-year Schedule F returns, commodity settlement sheets, and current-year bank statements confirming income deposits.
Lead Paint Disclosure
For any dwelling built before 1978, federal disclosure of known lead paint hazards and delivery of the EPA pamphlet is required before lease signing. Most Todd County housing requires this disclosure.
Rent Control
None. Kentucky does not permit local rent control.
Self-Help Eviction
Prohibited (KRS 383.690). Penalty: 3× periodic rent or 3× actual damages, whichever greater. File Forcible Detainer at Todd 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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Todd County market: Small western KY agricultural county with dual commuter corridors. Hopkinsville (~18 mi W) dominates employment access. Clarksville TN/Fort Campbell (~25-30 mi S) adds cross-border income; SCRA applies to military; Tennessee no income tax note. Agricultural Schedule F documentation for farm income. Lead paint for virtually all housing. Call ahead before filing. No rent control.
Background checks, eviction history, credit reports — get the full picture before handing over the keys.
Blue Licks, Robert Penn Warren, and HB128: Todd County Kentucky Landlord Law
The Battle of Blue Licks, fought on August 19, 1782, in Nicholas County, Kentucky, is often called the last major battle of the Revolutionary War — fought months after Cornwallis had surrendered at Yorktown, in a territory that was not yet a state, between Kentucky settlers and a British-allied Shawnee and Canadian force. The American side suffered heavily, and among the dead was Colonel John Todd, one of Kentucky’s founding legislators and a senior officer in the Kentucky militia. Todd County, established in 1819, bears his name. The county seat of Elkton was established in 1820 and has remained a small agricultural county seat on the western Kentucky Pennyrile ever since.
Todd County covers 377 square miles along the Tennessee border and recorded 12,161 residents in 2020. Guthrie, one of the county’s small communities near the Tennessee line, is the birthplace of Robert Penn Warren — the only writer to win the Pulitzer Prize in both fiction (for All the King’s Men) and poetry, and the first official United States Poet Laureate. The Robert Penn Warren Birthplace Museum in Guthrie commemorates this literary heritage in a county otherwise known primarily for its agricultural character.
The Dual Commuter Corridor and the Tennessee Factor
Todd County sits roughly equidistant between two significant employment centers. Hopkinsville (Christian County, about 18 miles west) is the dominant regional employer: Jennie Stuart Medical Center, Western Kentucky University’s Hopkinsville campus, Fort Campbell civilian employment, and the Hopkinsville commercial economy collectively employ thousands of workers accessible from Elkton in under 25 minutes. Clarksville, Tennessee (about 25 miles south) offers Austin Peay State University, Clarksville’s manufacturing and commercial base, and additional Fort Campbell access from the Tennessee side. Fort Campbell itself straddles the Kentucky-Tennessee border; military personnel stationed there have SCRA protections regardless of which state they live in (see the Christian County entry in this guide for a detailed discussion).
Tennessee has no state income tax; Todd County residents who work in Tennessee take home marginally more after-tax income than Kentucky-employed neighbors at equivalent gross wages. This is a minor factor but worth knowing. Kentucky HB128 governs all Todd County tenancies regardless of where the tenant is employed.
Filing in Elkton and HB128 Compliance
All residential evictions in Todd County are Forcible Detainer actions filed at the Todd County Justice Center, 301 N. Main Street, Elkton, KY 42220, phone (270) 265-2361. Elkton has a population of about 1,800; call ahead to confirm 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 for virtually all Todd County housing. John Todd fought at Blue Licks even when the war was formally over elsewhere because his territory still required it. HB128 applies in Todd County for the same reason — the law does not have a rural exemption.
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. Last updated: March 2026.
⚠️ Legal Disclaimer: This page is for general informational purposes only and does not constitute legal advice. HB128 applies to leases on or after its effective date; prior law governs older leases. Lead paint disclosure required for pre-1978 housing. Fort Campbell military personnel have SCRA protections; consult a Kentucky attorney for guidance on SCRA compliance. Tennessee employment income is acceptable; Kentucky HB128 still governs all Todd County tenancies. Consult a licensed Kentucky attorney for guidance. Last updated: March 2026.
