🏛️ Courthouse Information and Locations for West Virginia
West Virginia Eviction Laws: Notice Requirements, Process, and Timelines
West Virginia handles evictions through Magistrate Court (or Circuit Court) using “Wrongful Occupation” proceedings governed by West Virginia Code § 55-3A and Chapter 37, Article 6. West Virginia has one of the fastest eviction processes in the country—often called a “rocket docket.” Notably, landlords are not legally required to provide notice before filing for eviction, though it’s recommended as a courtesy. Hearings are scheduled within 5-10 judicial days after filing. Filing fees are relatively low ($30-$60 in Magistrate Court). Below you’ll find everything landlords need to know.
West Virginia Eviction Laws
Comprehensive guide to West Virginia's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in Magistrate Court.
⚡ Quick Overview
💰 Nonpayment of Rent
West Virginia has NO mandatory notice period before filing eviction for nonpayment (§55-3A-1) - landlord can file immediately after rent is late. However, the tenant can stop proceedings by paying all unpaid rent, interest, and costs before the trial date (§37-6-23). Hearing must be scheduled between 5-10 judicial days after filing (§55-3A-1(b)). Tenant has 5 days from receiving summons to file a written answer. Appeals stay the eviction automatically upon filing with bond; poverty exception waives bond but still stays eviction (§55-3A-3(g)). No specific statute governing landlord entry or retaliation for private landlords.
📋 Lease Violation
West Virginia has NO mandatory notice period before filing eviction for lease violations (§55-3A-1) - landlord can file immediately. The hearing summons itself serves as the tenant's notice. Court sets hearing 5-10 judicial days after filing. Tenant has 5 days to file written answer. No statutory cure period for lease violations unless the lease provides one. For termination of periodic tenancies WITHOUT cause notice periods apply: 1 month for month-to-month (§37-6-5) and 3 months for year-to-year (§37-6-5).
📬 Service of Process
Petition for wrongful occupation served by sheriff or constable.
🏛️ Court & Legal Information
Generally very fast. Small rural court systems may have scheduling gaps.
⚖️ Appeals & Post-Judgment
Sheriff executes order of possession. Landlord changes locks.
📦 Tenant Property & Abandonment
Per WV Code §37-6-6, landlord must provide written notice describing abandoned items and process for reclaiming. Must store for at least 30 days. If unclaimed after 30 days, landlord may dispose, sell, or donate. Sale proceeds applied to storage costs and unpaid rent, remainder returned to tenant if address known.
🏦 Security Deposits
Return within 60 days with itemized list. No statutory cap on amount.
💵 Late Fees
Must be in lease. No statutory limits.
🛡️ Tenant Protections
No rent control in West Virginia.
🏙️ Local Overrides & City-Specific Rules
West Virginia is uniform statewide.
Underground Landlord📝 West Virginia Eviction Process (Overview)
- 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 Magistrate Court. Pay the filing fee (~$50).
- 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.
🏛️ Courthouse Information and Locations for West Virginia
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified West Virginia attorney for specific legal guidance.
Governing Law and Court System
West Virginia evictions are governed by:
- WV Code § 55-3A: Summary Relief for Wrongful Occupation (main eviction statute)
- WV Code Chapter 37, Article 6: Landlord and tenant duties
- WV Code § 55-3 and § 55-4: Unlawful detainer and ejectment
Court: Magistrate Court or Circuit Court in the county where the property is located. Most evictions are filed in Magistrate Court.
Filing fees:
- Magistrate Court: $30-$60 (varies by monetary amount claimed per WV Code § 50-3-1(a))
- Circuit Court: $200 (regardless of amount claimed per WV Code § 59-1-11(a)(1))
Self-Help Eviction Prohibited
Self-help evictions are illegal in West Virginia. Landlords cannot:
- Change locks
- Cut off utilities (electricity, water, heat)
- Remove tenant’s belongings
- Physically remove tenant
Only the sheriff, under court order (Writ of Possession), can legally remove a tenant. Tenants may sue landlords for wrongful eviction with substantial damages.
Legal Grounds for Eviction
Under WV Code § 55-3A-1, landlords may evict for:
- Nonpayment of rent (arrears)
- Breach of warranty or leasehold covenant
- Deliberate or negligent property damage
- Illegal activity on premises
- Holdover after lease expiration
- Termination of month-to-month tenancy
Notice Requirements
Critical Point: West Virginia does NOT legally require landlords to give written notice before filing an eviction lawsuit. Landlords can proceed directly to court. However, providing notice is strongly recommended as a courtesy and best practice.
Recommended Notice Periods (Not Legally Required)
Nonpayment of Rent
- No statutory notice required
- Landlord can file immediately
- Best practice: 5-day notice to pay or quit
- Important: Tenant can stop eviction at any point by paying all rent and fees in full
Lease Violations (Curable)
- No statutory notice required
- Best practice: 10-30 day notice depending on severity
- Examples: unauthorized pets, noise, unauthorized occupants
Lease Violations (Non-Curable/Severe)
- No notice required
- Can proceed directly to court
- Examples: serious damage, repeated violations
Illegal Activity
- No notice required
- Landlord can proceed immediately with legal action
Month-to-Month Termination
- 30 days’ written notice required
- No cause needed
(WV Code § 37-6-5)
Yearly Lease Termination
- 90 days’ written notice before lease end
Holdover After Lease Expires
- If lease had specified end date: No additional notice required
- Can proceed directly to court
Serving Notice (When Used)
Acceptable service methods:
- Personal delivery directly to tenant
- Posting conspicuously on property (front door)
- Certified mail with return receipt requested
Keep copies of notice and proof of delivery.
Filing the Eviction (Petition for Summary Relief)
To file eviction:
- File Petition for Summary Relief – Wrongful Occupation with Magistrate Court (or Circuit Court)
- Pay filing fee
- Request hearing date/time
The petition must include (WV Code § 55-3A-1(a)):
- Statement that landlord/agent has right to recover possession
- Brief property description
- Statement that tenant is wrongfully occupying (rent arrears, lease breach, or property damage)
- Rent owed (if applicable)
- Name of tenant
Hearing Scheduling – The “Rocket Docket”
West Virginia’s eviction process is unusually fast:
- Court hearing scheduled 5-10 judicial days after filing
- Tenant may receive summons only 1-2 days before hearing
- Tenant often first learns of eviction through summons
(WV Code § 55-3A-1(b))
Service of Summons
Immediately after filing, summons must be served to tenant (WV Code § 55-3A-1(c)):
- Must include hearing date/time
- Must inform tenant they may file written Answer within 5 days of receiving notice
- Served by adult not involved in case
Tenant Response
Tenant may file written Answer within 5 days of receiving summons stating:
- Any defenses
- Reasons they should not be evicted
Answer not required, but failure to file answer AND fail to appear = default judgment for landlord.
Continuances
Either party may request continuance:
- Only granted for good cause
- If tenant requests continuance, must pay any rent that becomes due into court
(WV Code § 55-3A-3(d))
Removal to Circuit Court
If case filed in Magistrate Court, either party may request “removal” to Circuit Court:
- Applies if total rent + damages exceeds Magistrate Court limit
- Adds 7-10 days to timeline
Jury Trial
Tenant has right to request jury trial:
- Must file written request before hearing date
- Additional court costs apply (may be waived with fee waiver)
- Case automatically goes to magistrate unless jury requested
Court Hearing
At the hearing:
- Both parties present evidence and witnesses
- Landlord should bring: lease, rent records, photos, communications, notice (if given)
- Judge/magistrate announces decision at end of hearing
If landlord wins: Judgment for Possession issued. Judge sets “fair” date for tenant to vacate based on circumstances (furnishings to remove, relative harm, other factors).
Note: There is no specific statutory number of days—court sets what it considers fair. In extreme cases, eviction may be “immediate” (same day); in others, tenant may get more time.
Appeal
Tenant may appeal to Circuit Court:
- 20 days to file appeal
- If lease term has expired, tenant NOT entitled to remain during appeal
- If lease hasn’t expired, tenant may remain during appeal
- Court may only order monetary relief, not possession, during appeal
(WV Code § 55-3A-3(g))
Writ of Possession
If tenant doesn’t vacate by court-ordered date:
- Landlord returns to court to request Writ of Possession
- Writ authorizes sheriff to remove tenant
- In some cases, sheriff may already be assigned at hearing
(WV Code § 55-3A-3, § 55-3A-4)
Sheriff Execution
After writ issued:
- Landlord takes writ to sheriff’s office
- Sheriff schedules eviction date
- Sheriff oversees removal and ensures no violence/disturbance
- Timeline: Few hours to few days depending on availability
Abandoned Property
After eviction, landlord must handle tenant’s belongings (WV Code § 55-3A-3(f), § 55-3A-3a):
Exception – Immediate disposal allowed if:
- Property is clearly garbage, OR
- Total value under $300, OR
- Tenant provides written permission to dispose
Standard procedure:
- Prepare inventory of belongings
- Send written notice to tenant explaining how to reclaim
- Store property for at least 30 days
- 60 days if tenant notified landlord they’re on active military duty
- After storage period, may sell or dispose
- Cannot hold property “hostage” for back rent—must allow tenant to reclaim
Tenant Defenses
- Rent was paid: Payment stops eviction at any point
- Improper notice: (If notice was given but defective)
- Unsafe living conditions: Landlord failed habitability duties
- Retaliation: Eviction in response to tenant exercising legal rights (e.g., reporting code violations)
- Discrimination
- Partial rent accepted: May waive landlord’s right to evict for that month
Typical Timeline
- Notice (if given): 0-30 days (not required)
- Filing to hearing: 5-10 judicial days
- Removal to Circuit Court (if requested): Add 7-10 days
- Vacate period: Set by judge (“fair” date)
- Writ execution: Few hours to few days
- Total (uncontested): 2-4 weeks
- Contested or appealed: Several weeks to months
Best Practices for West Virginia Landlords
- While notice isn’t legally required, providing 5-day notice for nonpayment is courteous and may resolve issue without court
- Document everything—payments, communications, lease violations
- Be careful accepting partial rent—may waive right to evict for that month
- Remember: tenant can pay all rent/fees at any point to stop eviction
- File in correct court (Magistrate for most cases)
- Be prepared for fast timeline—hearing within 5-10 days
- Bring all evidence to hearing (lease, payment records, photos)
- Store tenant’s belongings properly for 30 days after eviction
- Never attempt self-help eviction—use court process
- Use 30-day notice for month-to-month termination
Quick Reference: West Virginia Eviction Rules
- Prior notice required: No (but recommended)
- Nonpayment notice: Not required (5-day recommended)
- Lease violation notice: Not required (10-30 day recommended)
- Month-to-month termination: 30 days required
- Yearly lease termination: 90 days before end
- Hearing scheduled: 5-10 judicial days after filing
- Tenant answer period: 5 days after receiving summons
- Appeal period: 20 days
- Appeal possession rights: Only if lease hasn’t expired
- Abandoned property storage: 30 days (60 for military)
- Filing fee (Magistrate): $30-$60
- Filing fee (Circuit): $200
- Governing law: WV Code § 55-3A, Chapter 37 Article 6
Bottom line: West Virginia has one of the fastest eviction processes in the nation—the “rocket docket.” Landlords are not required to give notice before filing, though it’s recommended. After filing, hearing is scheduled within 5-10 judicial days. Tenant can stop eviction at any point by paying all rent and fees owed. If landlord wins, judge sets a “fair” date for tenant to vacate (no fixed statutory period). For month-to-month tenancies, 30-day notice is required. Landlord must store tenant’s belongings for 30 days post-eviction unless total value is under $300 or clearly garbage. Never attempt self-help eviction. Document everything and be prepared for a fast timeline.