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Boone County West Virginia
Boone County · West Virginia

Boone County Landlord-Tenant Law

West Virginia landlord guide — Magistrate Court, eviction filing & Coal River Valley rental rules

📍 Magistrate Court: 200 State Street, Madison, WV 25130
👥 Pop. ~20,288 — South-Central WV / Coal River Valley
⚖️ Boone County Magistrate Court
🏛 US-119 / Charleston MSA / Little Coal River corridor

Boone County Rental Market Overview

Boone County is a south-central West Virginia coal county navigating a decades-long economic transition. Historically one of the most productive bituminous coal counties in the world, Boone County has lost over 17% of its population since 2010 as coal employment contracted sharply. The county’s population now stands at approximately 20,288, down from nearly 24,600 a decade ago. Madison, the county seat, has a population of roughly 2,630. The county is part of the Charleston, WV Metropolitan Statistical Area, which provides some employment access via US-119, though commute distances are significant for most coal-country communities.

Typical residential rents run $550–$900/month for single-family homes, with median gross rent in Madison at approximately $1,015/month. Evictions are filed at Boone County Magistrate Court, 200 State Street, Madison. Clerk: Elizabeth Summers — (304) 369-7366. Magistrates: Neil Byrnside (304-369-7360) and Danny B. Moore, Jr. (304-369-7361).

📊 Quick Stats

Magistrate Court 200 State Street, Madison, WV 25130
Magistrate Clerk Elizabeth Summers — (304) 369-7366
Magistrates Neil Byrnside (304-369-7360) · Danny B. Moore, Jr. (304-369-7361)
Population ~20,288 (2025 est.) — declining ~1%/yr
Region South-Central WV — Coal River Valley / Charleston MSA
Key Communities Madison (county seat), Danville, Whitesville, Sylvester, Seth, Van
Major Employers Remaining coal operations, Boone County Schools, Boone Memorial Hospital, county government, US-119 corridor workers (Charleston commuters)
Typical SFH Rent $550–$900/mo
Median Gross Rent ~$1,015/mo (Madison area)
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 Boone County Sheriff executes; 5–10 days to vacate
Eviction Timeline 2–5 weeks typical
Abandoned Property Store 30 days, written notice, inventory required (WV Code §55-3A-3a)

Boone County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. No county-level registration required in Boone County. Landlords within Madison, Danville, or Whitesville town limits should verify whether any municipal requirements apply. Contact Boone County Commission (304-369-7330) for county-level questions.
Rent Control None. West Virginia has no rent control statute. Boone County’s declining population means rents have remained flat or soft in most communities.
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 deductions (WV Code §37-6A-2). In a soft market, security deposit disputes can escalate quickly — document everything at move-in and move-out.
Late Fees No statutory cap in West Virginia. Must be specified in the lease. Reasonable and clearly disclosed late fees are enforceable as written.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30).
Boone County Magistrate Court Boone County Courthouse, 200 State Street, Madison, WV 25130. Clerk: Elizabeth Summers — (304) 369-7366 / Fax: (304) 369-1932. Magistrates: Neil Byrnside (304-369-7360) and Danny B. Moore, Jr. (304-369-7361). Two magistrates serve the county. Hours: Mon–Fri 8:00 a.m.–4:00 p.m.
Eviction Filing Process File Form MLTPTWR (Petition for Summary Relief — Wrongful Occupation) at Magistrate Court. Bring lease, any notices served, rent ledger, and photo ID. Filing fee $50–$70 plus service fees. Sheriff’s office serves summons; tenant has 5 days to answer. After judgment, request Writ of Possession; Boone County Sheriff executes removal. No self-help evictions (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 (Charleston/Southern WV office): 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Boone County Commission: (304) 369-7330. Magistrate Clerk: (304) 369-7366.

Last verified: March 2026 · Source: Boone 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 Calculator

📋 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

Boone County’s tenant pool is predominantly working-class and blue-collar — remaining coal workers, county and school employees, healthcare workers at Boone Memorial Hospital, and US-119 Charleston commuters. Income volatility from coal employment is real — verify current employment status carefully. Section 8 vouchers are common in this market. WV has no grace period — rent is due on the date in the lease. Magistrate Court at 200 State Street, Madison — 2 magistrates.

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports.

Boone County West Virginia Landlord Guide: Rental Property in Coal Country

Boone County sits in the Coal River Valley of south-central West Virginia, a landscape defined by the Little Coal River, steep-sided ridges, and a history so thoroughly intertwined with bituminous coal extraction that it’s difficult to discuss the rental market without first understanding what happened to the industry that built it. At its peak, Boone County was among the most productive coal counties in the world per square mile. Nearly 3,000 miners worked the seams beneath its 506 square miles. For every miner employed, four more workers filled coal-related support jobs. The economy, the housing stock, and the rental market were all built to serve that industry.

Since 2011, Boone County has experienced the largest loss of coal mining jobs of any county in the United States. Employment in the mines dropped more than 50% as a combination of market forces, natural gas competition, automation, and regulatory pressure reshaped the energy landscape. The population has followed: from nearly 24,600 in 2010 to approximately 20,288 today, a decline of more than 17%. The county continues to lose residents at roughly 1% per year. For landlords, this context is not background noise — it is the operating environment.

What the Coal Decline Means for Landlords

A contracting population creates specific challenges for rental property owners that landlords in growing markets don’t face. Vacancy rates rise as households leave. Competition for remaining tenants increases. Rents flatten or soften as supply exceeds demand in some sub-markets. Properties in communities most closely tied to specific mine sites — places like Seth, Van, Jeffrey, and Whitesville — have experienced the most acute pressure as nearby operations closed. Madison, as the county seat and commercial hub, has held up better, but even Madison has seen steady population decline.

The implication for landlords is that tenant selection requires careful attention to income stability. Coal employment, while still present in Boone County, is volatile in ways that school board or hospital employment is not. A miner who is current on rent today may face a layoff or a mine closure within months. Landlords who build a tenant base heavily weighted toward mining households should price their risk accordingly — either through higher security deposits, co-signer requirements, or explicit lease provisions addressing income interruption. This is not about prejudice against mining households; it is about calibrating lease terms to match actual income risk.

The Stable Tenant Pool

Boone County’s most reliable tenant class consists of county government workers, Boone County Schools employees, Boone Memorial Hospital staff, and workers who commute to Charleston via US-119. The county school system is the largest single institutional employer, providing steady income to teachers, support staff, and administrators. Boone Memorial Hospital employs healthcare workers who tend toward stable, multi-year tenancies. Charleston commuters — residents who live in Boone County for its lower cost of living and work in the Kanawha Valley — represent a third pillar of reliable rental demand, though commute times on US-119 through the mountains can deter some candidates.

Section 8 housing choice vouchers are a meaningful part of Boone County’s rental ecosystem. In a county with a 16% poverty rate and a history of boom-and-bust employment, federal rental assistance provides payment security that private-pay income in coal country sometimes cannot. Landlords who are willing to work within the voucher program’s inspection and payment processes often find that voucher-subsidized tenancies provide more payment consistency than market-rate tenancies in a volatile local economy.

Filing an Eviction in Boone County

Evictions in Boone County are handled at Magistrate Court, located in the Boone County Courthouse at 200 State Street in Madison. Two magistrates — Neil Byrnside and Danny B. Moore, Jr. — handle the civil docket. Clerk Elizabeth Summers can be reached at (304) 369-7366. With only two magistrates serving the county, scheduling windows may be less frequent than in larger counties, so it pays to call ahead before filing to understand current hearing availability.

West Virginia’s eviction framework is straightforward and landlord-friendly. For nonpayment of rent, no statutory notice period is required before filing — a landlord can file a Petition for Summary Relief for Wrongful Occupation (Form MLTPTWR) the day rent is missed. As a practical matter, issuing a written 5-day courtesy notice creates useful documentation and gives the tenant one final opportunity to cure before court involvement. For lease violations, a written cure-or-quit notice with a reasonable window is advisable before filing, both as a professional standard and because magistrates tend to view landlords who attempted resolution favorably.

Filing fees run $50 to $70 depending on the amount claimed, plus service fees for the sheriff to serve the summons. After filing, the tenant receives the summons and has five days to respond. Hearings are scheduled promptly for wrongful occupation cases under WV Magistrate Court rules. After a judgment in the landlord’s favor, the Boone County Sheriff’s office executes the Writ of Possession, giving the tenant a final window to vacate before physical removal.

Property Considerations in a Declining Market

Landlords in Boone County face a property maintenance calculus different from growing markets. In a declining-population county, over-improvement can result in rents that exceed market absorption. Under-maintenance, on the other hand, accelerates vacancy and attracts lower-quality tenants, creating a downward spiral. The right approach depends heavily on location within the county: Madison properties near the courthouse, hospital, and commercial district warrant better maintenance investment than more remote communities directly tied to individual mine operations.

West Virginia law requires landlords to return security deposits within 60 days of lease termination or 45 days of new occupancy, whichever is shorter, with an itemized written accounting of any deductions. In a market where security deposits sometimes represent a significant share of tenant savings, deposit disputes can escalate. Detailed move-in and move-out documentation — written condition reports, dated photographs, and signed acknowledgments — is essential protection for any Boone County landlord.

For current filing procedures and scheduling, contact Magistrate Clerk Elizabeth Summers at (304) 369-7366. Legal Aid of West Virginia can be reached at 1-866-255-4370.

🗺️ 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 Boone County Magistrate Court: 200 State Street, Madison, WV 25130 — (304) 369-7366. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

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