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Cabell County West Virginia
Cabell County · West Virginia

Cabell County Landlord-Tenant Law

West Virginia landlord guide — Magistrate Court, eviction filing & Huntington Tri-State rental rules

📍 Magistrate Court: 750 Fifth Avenue, Huntington, WV 25701
👥 Pop. ~92,700 — Huntington-Ashland WV-KY-OH MSA
⚖️ Cabell County Magistrate Court — 7 Magistrates
🏛 I-64 / US-60 / Ohio River / Tri-State region

Cabell County Rental Market Overview

Cabell County is home to Huntington, West Virginia’s third-largest city and the commercial and cultural hub of the Tri-State region where West Virginia, Kentucky, and Ohio converge along the Ohio River. The county has a population of approximately 92,700, with Huntington accounting for roughly 45,000. The county is part of the Huntington-Ashland, WV-KY-OH Metropolitan Statistical Area. The rental market here is one of WV’s most active and diverse — shaped by Marshall University’s 12,000+ students, a major hospital network, federal facilities, and a community that has been actively rebuilding its economic and public health identity over the past decade.

Average rents run $717–$1,246/month depending on unit type, with 1-bedroom apartments averaging $652–$978 and 2-bedrooms $750–$1,126. Evictions are filed at Cabell County Magistrate Court, 750 Fifth Avenue (Basement), Huntington. Clerk: Julie G. Callicoat — (304) 526-8642 / (304) 526-8644. Seven magistrates serve the county.

📊 Quick Stats

Magistrate Court 750 Fifth Avenue, Basement, Huntington, WV 25701
Magistrate Clerk Julie G. Callicoat — (304) 526-8642 / (304) 526-8644
Magistrates (7) Enochs, Goheen, McCarthy, Miller, Sperry, Vance, Wolfe
Population ~92,700 (2025 est.) — Huntington-Ashland MSA
Region Southwestern WV — Ohio River / I-64 / Tri-State (WV-KY-OH)
Key Communities Huntington (county seat), Barboursville, Milton, Ona, Lesage
Major Employers Mountain Health Network (Cabell Huntington Hospital), Marshall University, Cabell County Schools, VA Medical Center, Mountwest CTC, Walmart
Avg 1-BR Rent $652–$978/mo
Avg 2-BR Rent $750–$1,126/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 Cabell County Sheriff executes; 5–10 days to vacate
Eviction Timeline 3–5 weeks typical (active 7-magistrate docket)
Abandoned Property Store 30 days, written notice, inventory required (WV Code §55-3A-3a)

Cabell County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. City of Huntington landlords should verify whether any municipal rental inspection or registration programs apply. Contact Huntington City Hall (304-696-5540) to confirm current requirements. Barboursville and Milton have separate municipal jurisdictions — check with those municipalities as well. All evictions regardless of municipality file at Cabell County Magistrate Court.
Rent Control None. West Virginia has no rent control statute. Cabell County rents are market-rate and have increased approximately 2–4% annually in recent years.
Security Deposit No statutory cap in West Virginia. One to two months’ rent is standard market practice in Huntington. Return within 60 days of end of tenancy or 45 days of new tenant occupancy, whichever is shorter, with written itemization (WV Code §37-6A-2).
Late Fees No statutory cap. Must be specified in the lease. Enforceable as written under WV law.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30).
Cabell County Magistrate Court 750 Fifth Avenue, Basement, Huntington, WV 25701. Clerk: Julie G. Callicoat — (304) 526-8642 / (304) 526-8644 / Fax: (304) 526-8646. Hours: Mon–Fri 8:30 a.m.–4:30 p.m. Seven magistrates: Enochs, Goheen, McCarthy, Miller, Sperry, Vance, Wolfe. Seven magistrates makes Cabell County one of WV’s most active Magistrate Courts — eviction hearings are scheduled regularly.
Eviction Filing Process File Form MLTPTWR at Magistrate Court basement, 750 Fifth Avenue. Bring lease, notices served, rent ledger, photo ID. Filing fee $50–$70 plus service fees. Sheriff serves summons; tenant has 5 days to answer. After judgment, Writ of Possession executed by Cabell County Sheriff. No self-help evictions (WV Code §55-3A-3). Note: Section 8 tenants require compliance with HUD lease addendum terms before filing.
Section 8 / HCV Note Huntington WV Housing Authority administers over 1,700 vouchers/certificates. Section 8 waitlist closed as of July 2025 — indicating strong voucher demand. Landlords renting to voucher holders must comply with HUD HAP contract terms in addition to WV landlord-tenant law. Section 8 evictions require notice to the housing authority as well as the tenant.
Legal Aid Legal Aid of West Virginia (Huntington office): 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Cabell County Commission: (304) 526-8634. Magistrate Clerk: (304) 526-8642.

Last verified: March 2026 · Source: Cabell 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

Cabell County’s best tenant classes are Marshall University staff/faculty (not students — screen students carefully), Mountain Health Network and VA Medical Center employees, and Cabell County Schools personnel. Student rentals near Marshall carry higher turnover and wear. With a 19% poverty rate, income verification is critical. Section 8 waitlist is closed — 1,700+ vouchers active in the market. 7 magistrates at 750 Fifth Avenue — active eviction docket.

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports.

Cabell County West Virginia Landlord Guide: Managing Rental Property in the Tri-State Hub

Huntington, the seat of Cabell County, is a city in transition. For decades it was best known outside West Virginia for two things: Marshall University and the 1970 plane crash that killed 75 members of the football team and coaching staff — a tragedy memorialized in the film We Are Marshall and still felt in the community’s identity. More recently, Huntington gained national attention as the epicenter of America’s opioid epidemic, a distinction that brought federal scrutiny, journalism, and eventually significant public health investment to the region. Today, Huntington is a city working through that chapter — building recovery infrastructure, attracting new employers, and leveraging its institutional anchors in healthcare and higher education to stabilize and eventually grow its economic base.

For landlords, this context matters. Cabell County’s rental market is shaped by a genuinely complex mix of forces that don’t exist in the same combination anywhere else in West Virginia. A major research university. A large hospital system. A VA Medical Center. A poverty rate of 19%. An active Section 8 program with over 1,700 vouchers in circulation and a closed waitlist. A young renter population anchored by students. And an ongoing public health recovery that has created specialized housing needs — from sober living facilities to transitional housing — that intersect with the private rental market in ways landlords need to understand.

Marshall University and the Student Rental Market

Marshall University enrolls approximately 12,000 students, making it one of the larger institutions in the region. The university’s presence creates a substantial student rental demand concentrated near the campus in the Fifth Avenue corridor and the surrounding neighborhoods. Student rentals can be lucrative — demand is predictable, units turn over annually, and students typically accept smaller spaces at market rates. The trade-offs are real, however: student tenants carry higher wear-and-tear risk, shorter lease terms, and the income-verification challenges common to full-time students who depend on parental support or financial aid rather than stable employment.

Experienced Cabell County landlords who focus on the student market often require a co-signer (typically a parent) on every lease, maintain properties at a basic but functional standard rather than over-improving, and price rents to include utilities — simplifying collection and reducing utility disputes. Landlords who prefer lower-turnover, lower-maintenance tenancies generally target university staff and faculty rather than students, accepting somewhat lower rents in exchange for longer tenancies and better property care.

Healthcare and Federal Employment: The Stable Tenant Base

Mountain Health Network — anchored by Cabell Huntington Hospital — is the county’s largest private employer. The VA Medical Center at 1540 Spring Valley Road employs hundreds of federal workers with strong job security and consistent incomes. Together these healthcare institutions supply Cabell County landlords with what is arguably the most reliable tenant pool in the region — nurses, physicians, technicians, administrative staff, and federal employees who need housing, have stable incomes, and tend toward multi-year tenancies. Properties within reasonable distance of these facilities command a premium and lease quickly.

Cabell County Schools rounds out the institutional employment picture. With approximately 10,000 students enrolled in the county school system, the school district supports hundreds of teachers, support staff, and administrative employees who are consistent rental market participants. Combined with Marshall University, Mountain Health, and the VA, Cabell County has more institutional employment anchors per capita than most WV counties — which provides a meaningful buffer against the economic volatility that has destabilized other WV rental markets.

Section 8 and the Voucher Market

The Huntington WV Housing Authority administers over 1,700 housing choice vouchers and program certificates — a substantial number relative to the county’s total renter population of approximately 9,300 units. The Section 8 waitlist closed in July 2025, signaling that demand for vouchers substantially exceeds supply. For landlords, this means there is a deep pool of voucher-qualified tenants actively seeking housing — and that accepting vouchers can mean shorter vacancy periods and federally backed rent payments.

Landlords participating in the Housing Choice Voucher program should understand the additional procedural layer it creates. Section 8 evictions require notice to both the tenant and the housing authority. The lease must include the HUD-required lease addendum. The unit must pass HCV inspection. These requirements are not onerous for landlords who maintain their properties, but they do add steps that market-rate evictions do not require.

Filing Evictions at Cabell County Magistrate Court

With seven magistrates, Cabell County Magistrate Court is one of West Virginia’s most active civil courts. Eviction filings are handled in the basement of the Cabell County Courthouse at 750 Fifth Avenue in Huntington. Clerk Julie G. Callicoat manages civil filings at (304) 526-8642. Seven magistrates means hearing availability is more frequent than in smaller counties — a meaningful advantage in a market where timely possession recovery matters.

The WV eviction process applies uniformly: file Form MLTPTWR, pay $50–$70 plus service fees, sheriff serves the summons, tenant has five days to respond, hearing scheduled promptly. No pre-filing notice is required for nonpayment. For lease violations, issuing a written cure-or-quit notice before filing is standard practice and good documentation. After a judgment, the Cabell County Sheriff executes the Writ of Possession. Self-help evictions — changing locks, cutting utilities, removing belongings — are illegal under WV Code §55-3A-3 and can expose landlords to civil liability.

The Barboursville and Milton Sub-Markets

While Huntington dominates the county’s rental conversation, Barboursville (east of Huntington on US-60) and Milton (further east at the I-64 interchange) offer distinct micro-markets. Barboursville is a suburban community with a mix of apartment complexes, single-family homes, and commercial development along US-60. Its proximity to Huntington without the urban density makes it attractive to families and working adults who want the amenities of the Huntington metro without the city. Milton sits at I-64 Exit 28 and draws from both the Cabell County and Putnam County employment bases. Both communities file evictions at Cabell County Magistrate Court in Huntington.

For security deposit compliance, West Virginia requires return within 60 days of lease termination or 45 days of new occupancy, whichever is shorter, with a written itemized statement. In a rental market with this much tenant diversity — from university students to federal employees to voucher holders — thorough move-in and move-out documentation is essential protection at every tenancy. Contact Magistrate Clerk Julie G. Callicoat at (304) 526-8642 for current filing procedures. Legal Aid of West Virginia is available 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 Cabell County Magistrate Court: 750 Fifth Avenue, Basement, Huntington, WV 25701 — (304) 526-8642. Section 8 evictions require additional notice to Huntington WV Housing Authority. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

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