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.
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.
⚠️ 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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⚠️ 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.
Grant County sits in the heart of the Potomac Highlands, a rugged mountain region in the eastern interior of West Virginia. The county seat of Petersburg, population roughly 2,600, perches along the South Branch Potomac River at an elevation that makes it one of the higher-situated county seats in the state. With a total county population of approximately 11,000, Grant is among the smaller of West Virginia’s 55 counties — but what it lacks in population density it compensates for in geographic distinction. Spruce Knob, the highest point in West Virginia at 4,863 feet, lies within the county, as does a significant portion of the Monongahela National Forest and the Seneca Rocks National Recreation Area.
The county economy rests on three pillars: agriculture, government and services, and outdoor recreation tourism. Family farming — cattle, poultry, and hay production in Germany Valley and the South Branch Valley — has been the backbone of the rural economy for generations. The timber industry, tied to the national forest, remains a modest employer. Tourism, while seasonal, has grown meaningfully as Seneca Rocks and the surrounding recreation areas draw hikers, rock climbers, kayakers, and hunters from the DC-Baltimore region and beyond. The county seat of Petersburg hosts most retail, healthcare, and government employment for the area.
The Grant County Rental Market
Grant County has a small but stable rental market, the character of which is shaped almost entirely by the rural, mountain economy. Rents are modest by any measure — among the lowest in the state. One-bedroom units in Petersburg typically rent in the $500–$650 range; two-bedroom homes and apartments run approximately $650–$850 per month. HUD Fair Market Rents for the area reflect this reality, with two-bedroom FMR figures consistently at the lower end of statewide comparisons. For landlords accustomed to high-rent markets, these numbers may seem discouraging — but the cost basis for properties in Grant County is equally low, and the renter pool, while small, tends toward stable long-term occupancy.
The tenant base in Grant County is primarily local: agricultural workers and their families, county and state employees, school district personnel, healthcare workers at Grant Memorial Hospital, and residents employed in the small retail and services sector in Petersburg. Turnover is typically low. Seasonal demand exists around outdoor recreation activity — some property owners have converted rural structures to short-term or vacation rentals serving the Seneca Rocks and Spruce Knob recreation corridor, though this market operates differently from the residential rental market governed by WV landlord-tenant law.
The county seat of Petersburg is the only meaningful rental concentration in the county. Smaller communities — Moorefield is actually the Hardy County seat just to the south, and is sometimes confused with Grant County — serve the surrounding rural population. Grant Memorial Hospital, the primary healthcare employer, is located in Petersburg and provides a reliable employment anchor for a portion of the rental market. For landlords, properties in or very near Petersburg will have better rental absorption than more rural properties.
Filing an Eviction in Grant County Magistrate Court
Evictions in Grant County are filed at the Magistrate Court, located at 4 North Main Street in Petersburg. Magistrate Clerk Cheryl L. Bergdoll can be reached at (304) 257-4637. Two magistrates serve the county: Magistrate Willard L. Earle, II and Magistrate Emory William “Bill” Feaster, Jr., both reachable at (304) 257-1289. The fax number for the Magistrate Court is (304) 257-9501. The court is a small-county operation, which in practice means a more informal atmosphere and quicker scheduling than larger urban courts — but also that the clerks are busy and personable, and calling ahead before your first filing is strongly recommended.
West Virginia’s eviction process for residential rental property uses the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property (Form MLTPTWR), available at courtswv.gov. For nonpayment of rent, no advance notice is required before filing — the landlord may file the petition the day after rent is due and unpaid. In practice, most experienced Grant County landlords communicate with tenants and issue a written notice before filing, both as a professional courtesy and to create documentation. For lease violations, a written notice with a reasonable cure period is advisable before filing.
After filing, the Sheriff’s office serves the summons on the tenant. The tenant has five days from service to file a written response. If no response is filed and the facts are uncontested, the magistrate may grant possession promptly. Contested matters proceed to a hearing, after which a Writ of Possession is issued if the landlord prevails and the Sheriff executes the writ. The full process from filing to physical possession typically runs two to five weeks in a small county like Grant, though contested cases or scheduling delays can extend that timeline.
Security Deposits and Mountain Property Considerations
West Virginia imposes no statutory cap on security deposits. In Grant County’s modest rental market, one month’s rent is the typical deposit standard. The legal obligations are clear: the deposit must be returned within 60 days of lease termination, or 45 days of a new tenant moving in, whichever comes first — with a written itemized statement of any deductions. Landlords who fail to comply with this timeline risk liability for the full deposit amount regardless of whether legitimate damages exist. Document move-in condition thoroughly with signed inspection reports and photographs dated at the time of move-in.
Grant County landlords should be aware of a few practical realities unique to mountain property management. Older housing stock in Petersburg and rural areas may present maintenance challenges around heating systems — propane and fuel oil are common — and moisture issues related to the high-elevation climate. The landlord’s obligation to maintain habitable conditions under WV Code Chapter 37 applies regardless of the age or character of the property. Entry for repairs or inspections requires 24 hours’ written notice except in genuine emergencies (WV Code 37-6-30).
Month-to-month tenancies require 30 days’ written notice to terminate from either party (WV Code 37-6-5). Self-help eviction — changing locks, removing belongings, or shutting off utilities to force a tenant out — is illegal under WV Code 55-3A-3 and exposes the landlord to significant liability. If a tenant abandons the property, landlords must follow the abandoned property statute: store belongings for 30 days, provide written notice, and maintain an inventory (WV Code 55-3A-3a).
For questions about current filing procedures or to confirm court schedules, contact Magistrate Clerk Cheryl L. Bergdoll at (304) 257-4637. Legal Aid of West Virginia is available statewide at 1-866-255-4370.
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⚠️ 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 Grant County Magistrate Court: 4 North Main Street, Petersburg, WV 26847 — (304) 257-4637. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
