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Clay County West Virginia
Clay County · West Virginia

Clay County Landlord-Tenant Law

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

📍 Magistrate Court: 225 Main Street, Clay, WV 25043
👥 Pop. ~7,669 — Central WV / Elk River corridor
⚖️ Clay County Magistrate Court — 2 Magistrates
🏛 SR-4 / Elk River / I-79 access at Big Otter & Wallback

Clay County Rental Market Overview

Clay County is a small, deeply rural central West Virginia county of approximately 7,669 residents, bisected by the Elk River and served primarily by State Route 4 running toward Charleston to the southwest. The county seat, Clay, has a 2025 population of roughly 361 people — making it one of the smallest county seats in the state. The county has lost more than 18% of its population since 2010 and continues to decline. With a poverty rate of nearly 25% and a median household income of $42,790, Clay County is among West Virginia’s more economically distressed counties. Most employment is in public schools, healthcare, county government, and agriculture, with many residents commuting to Charleston and the Kanawha Valley for work.

Typical residential rents run $400–$650/month. Evictions are filed at Clay County Magistrate Court, 225 Main Street (PO Box 393), Clay, WV 25043. Clerk: Trisha L. Triplett — (304) 587-2131. Magistrates: Jeffery W. Boggs (304-587-2524) and Charles J. Rider (304-587-2620).

📊 Quick Stats

Magistrate Court 225 Main Street (PO Box 393), Clay, WV 25043
Magistrate Clerk Trisha L. Triplett — (304) 587-2131
Magistrates Jeffery W. Boggs (304-587-2524) · Charles J. Rider (304-587-2620)
Population ~7,669 (2025 est.) — declining ~0.74%/yr
Region Central WV — Elk River / SR-4 / I-79 at Big Otter & Wallback
Key Communities Clay (county seat), Big Otter, Wallback, Lizemore, Duck, Maysel
Major Employers Clay County Schools, Clay ARH Hospital, county government, agriculture & forestry, gas drilling
Typical SFH Rent $400–$650/mo
Poverty Rate ~24.9% — among WV’s highest
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 Clay 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)

Clay County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. No county-level registration required in Clay County. Clay is the only incorporated municipality — check with the town for any local requirements within town limits. Contact Clay County Commission for county-level questions: (304) 587-4259.
Rent Control None. West Virginia has no rent control statute. Clay County rents are entirely market-driven and have remained flat for years in this low-demand environment.
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 (WV Code §37-6A-2). Thorough move-in documentation is essential given the high poverty rate.
Late Fees No statutory cap. Must be clearly stated in the lease. Enforceable as written under WV law.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30).
Clay County Magistrate Court Clay County Judicial Annex, 225 Main Street (PO Box 393), Clay, WV 25043. Clerk: Trisha L. Triplett — (304) 587-2131 / Fax: (304) 587-2727. Magistrates: Jeffery W. Boggs (304-587-2524) and Charles J. Rider (304-587-2620). Clay County is part of the 14th Judicial Circuit with Braxton, Gilmer, and Webster Counties. Two magistrates serve the county.
Eviction Filing Process File Form MLTPTWR (Petition for Summary Relief — Wrongful Occupation) at Magistrate Court. 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 Clay County Sheriff. No self-help evictions (WV Code §55-3A-3). Call ahead to confirm current hearing scheduling before filing.
Flood Risk Note Clay County suffered significant flood damage in June 2016, particularly in and around the town of Clay along the Elk River. Properties in the Elk River corridor carry meaningful flood risk. Verify flood zone status, carry appropriate flood insurance, and ensure lease agreements address flood damage responsibilities. The Elk River Trail State Park follows the river through the county.
Legal Aid Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Clay County Commission: (304) 587-4259. Magistrate Clerk: (304) 587-2131.

Last verified: March 2026 · Source: Clay 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

Clay County’s most reliable tenants are school system employees, Clay ARH Hospital staff, county government workers, and Charleston commuters using SR-4 or I-79. At 25% poverty, income verification is non-negotiable. The 2025 launch of Mountain Transit Authority service adds a new mobility option for car-free tenants. Elk River Trail recreation draws some outdoor-oriented renters. Magistrate Court: 225 Main Street, Clay — call ahead, 2 magistrates.

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports.

Clay County West Virginia Landlord Guide: The Golden Delicious Country

Clay County carries a distinction that most people don’t know: it is the birthplace of the Golden Delicious apple, discovered near the Elk River in Porter, West Virginia, in 1900. The Mullins family’s chance seedling became one of the most widely grown apple varieties in the world, and while the economic impact of that discovery was captured largely outside the county, the Golden Delicious remains a point of local pride. The county celebrates it annually with the Golden Delicious Apple Festival. This detail matters not because it drives the rental market — it doesn’t — but because it speaks to the character of a place where community identity runs deep and the pace of life is deliberate.

Clay County sits in central West Virginia, northeast of Charleston, with the Elk River bisecting the county from east to west along State Route 4. The county has almost no flat land — the river cuts a gorge through the terrain, and the rugged, laurel-covered hollows that dart back from the valley walls define the landscape. Settlement came slowly because of this terrain, and the county has never developed the kind of commercial density that easier topography elsewhere in the state allowed. I-79 barely touches the county at the Big Otter and Wallback interchanges to the north, providing the primary connection to the broader state economy.

The Economic Reality

Clay County’s poverty rate of approximately 25% places it among West Virginia’s most economically challenged counties. The median household income of $42,790 is below both state and national averages. Nearly 31% of children live in poverty. The county has been losing population steadily — down more than 18% since 2010 — as residents, particularly younger working-age adults, leave for opportunities in Charleston, Clarksburg, and beyond.

The institutional employment anchors are familiar to anyone who has spent time in rural Appalachian counties: Clay County Schools is the largest employer, providing steady income to teachers and support staff. Clay ARH Hospital (part of Appalachian Regional Healthcare) provides healthcare jobs. County and state government round out the public sector employment picture. Gas drilling, agriculture, and forestry provide some private-sector employment, particularly in the more remote parts of the county. For landlords, the most reliable tenants come from these institutional pools — stable incomes, long job tenures, and a tendency to stay put once they find suitable housing.

The Commuter Factor

State Route 4 follows the Elk River to Charleston, about 41 miles to the southwest. I-79 at the Big Otter and Wallback exits connects the northern part of the county to both Clarksburg and Charleston via the interstate. Many Clay County residents commute to the Kanawha Valley for work, accepting a significant daily drive in exchange for lower housing costs and a rural quality of life. These Charleston commuters represent a meaningful tenant class — they have employment in a larger economy but choose to live in Clay County for reasons of cost, roots, or preference. They tend to be reliable payers and long-term renters if the commute infrastructure supports them.

In 2025, Mountain Transit Authority began providing public transportation service to Clay County — a notable development for a county that had essentially no public transit. This modest expansion of mobility options could marginally broaden the accessible tenant pool for landlords near transit stops, though the service is new and its ridership patterns are still developing.

The 2016 Flood and Its Legacy

In June 2016, catastrophic flooding devastated Clay County and the town of Clay along the Elk River. The flood damaged or destroyed numerous homes and businesses, including the town’s grocery store — leaving Clay without a source of fresh produce for years until a community market briefly filled the gap. The flood’s legacy is felt in the physical condition of some rental properties and in the community’s awareness of flood risk. Landlords owning properties in the Elk River corridor must account for this risk. Verify flood zone designation for every property, maintain flood insurance on those in the FEMA 100-year flood zone, and include clear lease provisions addressing flood damage and tenant obligations. Properties on higher ground above the river gorge carry substantially lower risk.

Elk River Trail and Outdoor Recreation

Elk River Trail State Park courses through Clay County, offering a growing recreation corridor that has attracted hiking, cycling, and fishing enthusiasts to the region. The Elk River below Clay is known for quality fishing, and the surrounding forests provide hunting and general outdoor recreation. These amenities have generated modest interest from outdoor-oriented tenants and short-term visitors, though the volume is not sufficient to build a rental strategy around. For landlords with suitable properties near the trail or river access, occasional short-term rental income is possible during peak outdoor seasons.

Filing Evictions in Clay County

Clay County Magistrate Court is located at the Clay County Judicial Annex, 225 Main Street in the town of Clay. Clerk Trisha L. Triplett handles civil filings at (304) 587-2131. Magistrates Jeffery W. Boggs and Charles J. Rider serve the county. As with all small WV counties, calling ahead to confirm current hearing availability before filing is important. The WV eviction process is the same as elsewhere in the state: file Form MLTPTWR, pay $50–$70 plus service fees, sheriff serves the summons, tenant has five days to respond. Wrongful occupation cases are expedited proceedings under WV Magistrate Court rules, keeping hearings on a relatively fast schedule. After judgment, the Clay County Sheriff executes the Writ of Possession.

Security deposits must be returned within 60 days of lease termination or 45 days of new occupancy, whichever is shorter, with a written itemized accounting. No cap applies to the deposit amount. In a county where a quarter of residents live in poverty, detailed move-in and move-out documentation — written condition reports, dated photographs, signed acknowledgments — is not optional. It is the foundation of your legal protection in any deposit dispute. Contact Magistrate Clerk Trisha L. Triplett at (304) 587-2131. Legal Aid of West Virginia: 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 Clay County Magistrate Court: 225 Main Street (PO Box 393), Clay, WV 25043 — (304) 587-2131. Properties near the Elk River corridor carry documented flood risk — verify flood zone status before purchasing or leasing. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

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