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Barbour County West Virginia
Barbour County · West Virginia

Barbour County Landlord-Tenant Law

West Virginia landlord guide — Magistrate Court, eviction filing & local rental rules

📍 Magistrate Court: PO Box 541, Philippi, WV 26416
👥 Pop. ~15,352 — North-Central WV / Tygart Valley
⚖️ Barbour County Magistrate Court
🏛 US-119 / Philippi — Tygart Valley River corridor

Barbour County Rental Market Overview

Barbour County is a rural north-central West Virginia county of approximately 15,352 residents, centered on Philippi along the Tygart Valley River. The county seat is a small historic town best known as the site of the first land battle of the Civil War. Alderson Broaddus University (now closed) was historically the county’s primary driver of student rental demand; its closure has meaningfully shifted the local rental landscape toward working-family and workforce housing. The county’s employment base is anchored in education, healthcare, and social services (26% of employment), with Barbour County Schools and Tygart Valley Health among the primary employers. Cost of living runs well below national averages (index ~85), and the rental market reflects that affordability.

Typical residential rents run $550–$850/month for single-family homes, with HUD Fair Market Rents at $679–$738 for 2-bedroom units. Evictions are filed in Barbour County Magistrate Court as a “Petition for Summary Relief — Wrongful Occupation of Residential Rental Property” (Form MLTPTWR). Filing fee: $50–$70 plus service fees. Magistrates: Daniel Harris (304-457-4153) and Angela Stalnaker (304-457-4234). Clerk Danah Alth: 304-457-3676.

📊 Quick Stats

Magistrate Court PO Box 541, Philippi, WV 26416
Magistrate Clerk Danah Alth — (304) 457-3676
Magistrates Daniel Harris (304-457-4153) · Angela Stalnaker (304-457-4234)
Population ~15,352 (2025 est.)
Region North-Central WV — Tygart Valley / US-119 corridor
Key Communities Philippi (county seat), Belington, Junior, Valley Bend
Major Employers Barbour County Schools, Tygart Valley Health, county government, construction trades
Typical SFH Rent $550–$850/mo
HUD 2-BR FMR $738/mo
Filing Fee $50–$70 plus service fees (Magistrate Court)

⚡ Eviction At-a-Glance

Nonpayment Notice None required by statute — 5-day courtesy notice standard practice
Lease Violation Notice 10–30 days depending on severity
Month-to-Month Termination 30 days written notice (WV Code §37-6-5)
Filing Petition for Summary Relief — Wrongful Occupation (MLTPTWR) — Magistrate Court
Tenant Answer Deadline 5 days after service of summons
Writ of Possession Sheriff executes after judgment; 5–10 days to vacate
Eviction Timeline 2–6 weeks typical
Abandoned Property Store 30 days, written notice, inventory required (WV Code §55-3A-3a)

Barbour County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. No county-level registration required in Barbour County. Check with the Barbour County Commission (304-457-4339) for any local permit requirements applicable to your property type or location within Philippi town limits.
Rent Control None. West Virginia has no rent control statute. Landlords may raise rent with proper notice.
Security Deposit No statutory cap in West Virginia. Return within 60 days of end of tenancy or 45 days of new tenant occupancy, whichever is shorter, with written itemization of any deductions (WV Code §37-6A-2).
Late Fees No statutory cap in West Virginia. Must be specified in the lease agreement. Reasonable fees are enforceable as written.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30). Landlords who violate entry rules may face civil liability.
Barbour County Magistrate Court PO Box 541, Philippi, WV 26416. Clerk: Danah Alth — (304) 457-3676. Magistrates: Daniel Harris (304-457-4153) and Angela Stalnaker (304-457-4234). Eviction filings use Form MLTPTWR (Petition for Summary Relief — Wrongful Occupation). Filing fees: $50–$70 plus service fees depending on amount claimed. Tenant has 5 days after service to answer. Either party may request jury trial within 5 days of service.
Eviction Filing Process File Petition for Summary Relief (MLTPTWR) at Magistrate Court. Bring: copy of lease, any notices served, rent ledger, and photo ID. Court schedules hearing; sheriff serves tenant with summons. Tenant has 5 days to respond. After judgment, request Writ of Possession; sheriff executes removal. No self-help evictions — changing locks or cutting utilities without court order is illegal (WV Code §55-3A-3).
Retaliation Prohibition Landlords may not evict, raise rent, or reduce services in retaliation for a tenant’s good-faith complaint to a government agency (WV Code §37-6-30).
Legal Aid Legal Aid of West Virginia (North Central office): 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Barbour County Commission: (304) 457-4339. Magistrate Court Clerk: (304) 457-3676.

Last verified: March 2026 · Source: Barbour County Magistrate Court — WV Judiciary

🏛 Courthouse Finder

🏛️ Courthouse Information and Locations for West Virginia

💵 Cost Snapshot

💰 Eviction Costs: West Virginia
Filing Fee 50
Total Est. Range $75-$200
Service: — Writ: —

West Virginia State Law Framework

⚡ Quick Overview

0
Days Notice (Nonpayment)
0
Days Notice (Violation)
14-30
Avg Total Days
$50
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type Notice to Pay or Quit
Notice Period 0 days
Tenant Can Cure? No
Days to Hearing 5-10 days
Days to Writ 5 days
Total Estimated Timeline 14-30 days
Total Estimated Cost $75-$200
⚠️ Watch Out

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.

Underground Landlord

📝 West Virginia 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 Magistrate Court. Pay the filing fee (~$50).
  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 West Virginia 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 West Virginia attorney or local legal aid organization.
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🔍 Reduce Your Risk Before Signing a Lease: West Virginia landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in West Virginia — 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 West Virginia's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.
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📋 Notice Period Calculator

Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.

⚠️ 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.
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🏠 Screening Tips

Barbour County’s workforce tenant pool is anchored by county schools, healthcare, and trades workers. Note the shift after Alderson Broaddus University closure — student demand has largely exited the market. Screen for stable employment at primary county employers. WV has no grace period — rent is due on the date in the lease. Magistrate Court filing is straightforward — Form MLTPTWR at PO Box 541, Philippi.

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Barbour County West Virginia Landlord Guide: Renting in the Tygart Valley

Barbour County sits in the heart of north-central West Virginia, running along the Tygart Valley River between the Allegheny Plateau ridges. It is a place where the rental market moves slowly and deliberately, shaped less by economic booms than by the steady rhythms of public employment, healthcare, and the trades. For landlords who understand the local dynamics, Barbour County offers low acquisition costs, manageable competition, and a tenant pool that, when screened carefully, tends toward long-term stability.

The county seat, Philippi, is a small town of roughly 2,872 people that carries an outsized historical identity. It was the site of the first land battle of the Civil War in June 1861 — a skirmish that locals still reenact each summer during the Blue and Gray Reunion. That heritage defines the character of the town: unhurried, historically aware, and deeply rooted. Main Street Philippi retains its early-twentieth-century architecture, and the covered bridge over the Tygart River is one of the few remaining covered bridges on a US highway in the country. Landlords owning properties near the historic core should expect tenants drawn by the community feel rather than economic opportunity — retirees, long-term residents, and workers at the county’s anchor institutions.

The Alderson Broaddus Effect

Any honest assessment of the Barbour County rental market has to address Alderson Broaddus University. The institution, a small liberal arts college founded in 1932, was for decades the county’s primary driver of student rental demand. At its peak, Alderson Broaddus enrolled over a thousand students, many of whom rented off-campus housing in Philippi. The university’s closure has fundamentally altered the local rental calculus. Properties that once leased quickly to students now compete for a smaller pool of workforce and family renters. Landlords who purchased near the AB campus with student rental assumptions need to recalibrate their expectations and marketing approach accordingly.

The silver lining is that this same shift has reduced turnover volatility. Student rentals, while often higher-priced during lease-up periods, carry elevated wear and higher turnover costs. The post-AB market in Barbour County now runs on longer tenancies with more predictable payment patterns, provided landlords screen effectively and maintain properties to a reasonable standard.

Who Rents in Barbour County

The county’s employment base tells the story of its tenant pool. Educational, health, and social services account for roughly 26% of county employment — the largest single sector. Barbour County Schools is the dominant employer, with teachers, support staff, and administrative personnel who tend to be stable, income-consistent tenants. Tygart Valley Health and associated social services providers supply a second tier of healthcare workers. Construction trades represent about 11% of county employment, producing a tenant class that is often higher-earning but more mobile, following project pipelines across the region.

The poverty rate in Barbour County runs at approximately 20.8% — notably above the national average of 12.4%. Median household income sits at $48,347. These figures signal that Section 8 housing vouchers are a meaningful part of the rental ecosystem. The local housing authority administers vouchers, and the average voucher payment to Barbour County landlords runs approximately $500/month. For landlords willing to participate in the voucher program, this provides a federally backed payment stream in a market where private-pay tenant income can be inconsistent.

West Virginia Eviction Law in Barbour County

West Virginia is widely regarded as a landlord-friendly state, and Barbour County’s Magistrate Court process reflects that reputation. Unlike many states that require landlords to serve formal pre-filing notices for nonpayment, West Virginia law imposes no mandatory waiting period before a landlord can file a Petition for Summary Relief for Wrongful Occupation when rent is unpaid. The day rent is missed, a landlord can technically walk into the Magistrate Court at PO Box 541 in Philippi and file. As a practical matter, most experienced landlords issue a 5-day courtesy notice first, both as a good-faith gesture and to create a clear paper trail for the court record.

The filing form is MLTPTWR — Petition for Summary Relief, Wrongful Occupation of Residential Rental Property — available from the WV Judiciary website at courtswv.gov. Filing fees run $50 to $70 depending on the amount claimed, plus service fees. Once filed, the court schedules a hearing and the sheriff’s office serves the summons on the tenant. The tenant has five days from service to file an answer. Hearings are scheduled promptly for wrongful occupation cases, which the WV Magistrate Court rules treat as expedited proceedings. After a judgment in favor of the landlord, the writ of possession is executed by the Barbour County Sheriff’s office, which gives the tenant a final 5 to 10 days to vacate before physical removal.

For lease violations, the law is more nuanced. West Virginia does not require a mandatory notice period before filing for lease violations as a strict statutory matter, but landlords are generally well-served by issuing a written cure-or-quit notice giving the tenant a reasonable period — typically 10 to 30 days depending on the severity of the violation — before filing. Courts tend to look more favorably on landlords who have documented a good-faith attempt to allow the tenant to cure a curable violation before escalating to legal action.

Security Deposits: No Cap, But Clear Rules

West Virginia is one of the few states that imposes no statutory cap on security deposits. Barbour County landlords can charge whatever the market will bear, and in a county where median rents run $550 to $850, deposits of one to two months are typical market practice. The more important compliance obligation is on the back end: West Virginia law requires landlords to return the security deposit with a written itemization of any deductions within 60 days of the end of tenancy, or 45 days of a new tenant moving in, whichever comes first. Failure to comply with this timeline can expose landlords to claims for the full deposit plus damages. Maintain move-in inspection reports, dated photographs, and signed documentation at both move-in and move-out to protect yourself.

Abandoned Property After Eviction

One area where West Virginia law creates real practical obligations for landlords is abandoned personal property. Under WV Code §55-3A-3a, when a tenant leaves personal property behind after an eviction, the landlord cannot simply dispose of it. The landlord must prepare a written inventory of the items, store the property safely for 30 days, and send the former tenant written notice explaining how they can reclaim their belongings. Only after that 30-day period without reclaim can the property be legally disposed of. Skipping this process — particularly the written notice and 30-day storage — can expose landlords to civil liability. Document everything: the inventory, the written notice, the storage arrangement, and the eventual disposition.

Practical Notes for Barbour County Landlords

Barbour County’s rental market rewards patience and consistency more than opportunistic pricing. The tenant pool is modest in size — roughly 1,441 renter households in the county — and vacancies are filled through word-of-mouth and community reputation as much as online listings. Landlords who maintain properties well and treat tenants fairly build long waiting lists in a county where good housing is genuinely scarce relative to demand. The 6% vacancy rate, below national averages, reflects this constrained supply.

The communities of Belington and Junior offer additional rental opportunities outside Philippi, with somewhat lower rents and a more rural character. Audra State Park draws seasonal visitors to the western end of the county, though seasonal rental demand is modest compared to resort-adjacent counties elsewhere in the state.

For any eviction filing, contact Magistrate Court Clerk Danah Alth at (304) 457-3676 to confirm current scheduling and procedures before filing. Legal Aid of West Virginia’s North Central office can be reached at 1-866-255-4370 for landlords who need guidance navigating the process.

🗺️ Neighboring Counties
⚠️ Legal Disclaimer: General informational purposes only. Not legal advice. West Virginia landlord-tenant law is governed by WV Code Chapter 37 and Chapter 55. Evictions filed in Barbour County Magistrate Court: PO Box 541, Philippi, WV 26416 — (304) 457-3676. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

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