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.
Hancock County is a study in geographic superlatives. At roughly 83 square miles, it is the smallest county by area in West Virginia — and it sits at the very tip of the Northern Panhandle, bordered by Pennsylvania to the north, Ohio across the river to the west, and Brooke County to the south. The Ohio River, which forms the western boundary, was once an economic engine powering one of the most productive steel and ceramics manufacturing corridors in Appalachia. Today, the county navigates a post-industrial economy while retaining a working-class character that defines its housing and rental market.
The county seat of New Cumberland (population approximately 1,000) is a small river town with the county courthouse and a compact downtown core. Chester, on the Ohio River just north of New Cumberland, is the county’s largest community at roughly 2,500 residents. Weirton, while primarily located in Brooke County, spills across the county line and its economic gravitational pull is felt throughout Hancock County. The city of Weirton was historically one of the most significant steel-producing cities in the United States, and its long post-steel transition has shaped the demographic and economic conditions across the whole Northern Panhandle.
The Post-Industrial Rental Market
Hancock County’s rental market reflects its industrial heritage and ongoing economic transition. Rents are affordable, though somewhat higher than the rural WV average due to the urban density of the Northern Panhandle. One-bedroom units in New Cumberland and Chester typically rent in the $550–$750 range; two-bedroom units run $700–$950. The Newell area, at the northern tip of the county, has a mix of older housing stock tied to the former Homer Laughlin China Company operations there — Fiesta Ware was and continues to be manufactured in Newell, making it one of the more distinctive manufacturing stories in the region.
Employment anchors in Hancock County today include the Weirton area healthcare sector, county and state government, retail services along US-30, and the Homer Laughlin China Company (now known as Fiesta Tableware Company) in Newell. The Ohio border proximity means some residents work in Ohio or Pennsylvania, adding a modest cross-state commuter element. West Virginia University at Parkersburg has a location in the area, though it is not a major driver of Hancock County rental demand specifically. The county’s most significant challenge is population decline — Hancock County, like much of the Northern Panhandle, has seen meaningful population loss over the past two decades as manufacturing employment eroded.
For landlords, the shrinking population creates a buyer’s market for tenants — rents are constrained by what the market will bear, and vacancy rates can be higher than the statewide average. Properties in good condition and well-located relative to employment and services do best. The aging housing stock throughout the county means maintenance demands can be higher than in newer suburban areas, and landlords should budget accordingly.
Filing an Eviction in Hancock County Magistrate Court
Evictions in Hancock County are filed at the Magistrate Court, located at 900 North Chester Street, New Cumberland, WV 26047 (P.O. Box 626). Magistrate Clerk Elaine Hyatt can be reached at (304) 564-3080 or (304) 564-3355; fax (304) 564-5357. Three magistrates serve Hancock County: Magistrate Omeka D. Petteway at (304) 564-7514, Magistrate Matthew R. Harvey at (304) 564-3080, and Magistrate Stephen Svokas at (304) 564-7513.
West Virginia’s eviction procedure requires filing Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — at the Magistrate Court. Available at courtswv.gov. No advance notice to the tenant is legally required before filing for nonpayment of rent. A written lease violation notice with a cure period of 10 to 30 days is recommended before filing for lease breaches. After filing, the Hancock County Sheriff serves the summons on the tenant. The tenant has five days from service to respond in writing. Uncontested matters may resolve quickly; contested cases are scheduled for a hearing. The Sheriff executes the Writ of Possession following judgment for the landlord.
Security Deposits and WV Landlord Law Essentials
West Virginia imposes no cap on security deposits. In Hancock County’s rental market, one month’s rent is standard. Deposits must be returned with an itemized written statement of deductions within 60 days of lease termination, or 45 days of a new tenant moving in, whichever comes first. Month-to-month tenancies require 30 days’ written notice to terminate. Landlords must give 24 hours’ written notice before entering for repairs or inspections except in genuine emergencies. Self-help eviction is illegal under WV Code 55-3A-3. Abandoned property after eviction must be stored for 30 days with written notice and inventory maintained (WV Code 55-3A-3a). West Virginia has no rent control, and Hancock County has no residential rental licensing program.
For assistance with current filing procedures, contact Magistrate Clerk Elaine Hyatt at (304) 564-3080. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991.
🏛️ Courthouse Information and Locations for West Virginia
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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 Hancock County Magistrate Court: 900 North Chester Street, New Cumberland, WV 26047 — (304) 564-3080. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
