West Virginia landlord guide — Magistrate Court, eviction filing & state capital rental market rules
📍 Magistrate Court: 111 Court Street, Charleston, WV 25301 👥 Pop. ~183,000 — WV’s most populous county / State Capital ⚖️ 13th Judicial Circuit — Kanawha County only 🏛 Charleston — state government, CAMC, chemical industry corridor
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.
🔍 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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AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to West Virginia requirements.
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.
Kanawha County is the center of gravity of West Virginia — home to the state capital, the most populous county in the state at approximately 183,000 residents, and the most diverse and active rental market outside the Eastern Panhandle. Charleston, the county seat and state capital, is a genuine small city with professional, governmental, healthcare, and industrial employment sectors, an active downtown, distinct neighborhoods with different rental price points, and a Magistrate Court docket that reflects the full range of landlord-tenant challenges. For landlords operating in Kanawha County, the scale and diversity of the market require a more sophisticated management approach than rural WV counties.
State government is the single largest employment sector. The State Capitol Complex employs thousands of workers in legislative, executive, and judicial functions. CAMC (Charleston Area Medical Center) is among the largest healthcare employers in the state, with multiple hospital campuses serving the greater Charleston metro. The chemical industry, centered in the Institute and South Charleston areas along the Kanawha River corridor, has historically been a major employer — companies including Dow Chemical, Bayer CropScience, and other specialty chemical manufacturers operate facilities in what is sometimes called the “Chemical Valley.” This industrial heritage gives certain parts of Kanawha County a working-class character distinct from the professional neighborhoods closer to the Capitol.
Rental Market Geography and Pricing
Kanawha County’s rental market divides meaningfully by geography. The East End of Charleston — the historic professional neighborhood closest to the Capitol and downtown — commands the county’s highest rents, with one-bedrooms reaching $800–$1,100 and two-bedrooms running $1,000–$1,400 in well-maintained properties. The South Side, a traditionally working-class neighborhood across the Kanawha River from downtown, offers more affordable rentals, typically 20 to 35 percent below East End prices. The West Side, which has faced significant economic challenges and population decline in recent decades, has the county’s most accessible rents but also the greatest management challenges.
Outside of Charleston proper, Kanawha County communities like St. Albans (population ~10,000), South Charleston (~12,000), and Dunbar create suburban rental sub-markets with their own pricing and tenant profiles. South Charleston in particular has a strong independent commercial and residential character, with proximity to the chemical industry corridor supporting a stable working-class rental market. Nitro, at the western end of the county, has a small-city feel and affordable rents. These suburban markets often offer better value for investors willing to look beyond the city itself.
The state government tenant demographic — state employees, legislative staff, lobbyists, and contractors — creates a professional rental segment with strong incomes and stable employment but frequent relocations tied to election cycles and agency appointments. Healthcare workers at CAMC’s Thomas, General, and Women and Children’s hospitals provide a second reliable professional tenant pool. Marshall University’s Graduate College and various professional schools in Charleston contribute a smaller but consistent student rental segment.
Filing an Eviction in Kanawha County Magistrate Court
Evictions in Kanawha County are filed at the Magistrate Court, located in the Kanawha County Judicial Building at 111 Court Street, Charleston, WV 25301. Magistrate Clerk Michele D. Cook (formerly Allison E. Brown) can be reached at (304) 357-0422; fax (304) 357-0431. Kanawha County has thirteen magistrates — the most of any county in West Virginia, consistent with its status as the state’s most populous county. The main magistrate line is (304) 357-0400. The Judicial Annex, built in 1983, houses the Circuit, Magistrate, Juvenile, and Family Courts and sees approximately 1,300 visitors per day.
Evictions proceed using Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — available at courtswv.gov. No mandatory pre-filing notice is required for nonpayment of rent cases under WV law. In practice, experienced Kanawha County landlords typically send a written 5-day pay-or-quit notice before filing to create a paper trail and sometimes resolve the matter without court. For lease violations, a written cure-or-quit notice with a 10 to 30-day timeframe before filing is strongly recommended and creates favorable documentation in a contested hearing.
With thirteen magistrates and the highest eviction filing volume in the state, Kanawha County Magistrate Court runs a busy but generally efficient docket. After filing, the Kanawha County Sheriff serves the summons. The tenant has five days from service to file a written response. Contested matters receive a hearing date; uncontested matters can move quickly to possession. The Writ of Possession is executed by the Sheriff following judgment for the landlord. Typical timeline from filing to possession in Kanawha County: two to four weeks for straightforward nonpayment matters. Contested cases, particularly those involving habitability counterclaims or complex factual disputes, may take longer.
Managing Kanawha County Rental Properties
Kanawha County landlords deal with the full range of property management challenges — from professional tenants in the East End who expect hotel-grade responsiveness, to value-market renters in the West Side who may have limited options and complex life circumstances. Understanding the tenant profile of the specific neighborhood and building type is essential to setting appropriate expectations and lease terms. Screening practices, security deposit levels, and lease provisions that work well for a Capitol Complex professional rental may not be appropriate for workforce housing on the South Side.
West Virginia imposes no cap on security deposits. In higher-rent East End or South Charleston properties, deposits of one to two months’ rent are standard. The deposit return requirement — within 60 days of lease end or 45 days of new tenant occupancy, whichever is sooner, with a written itemized statement — is enforced in Kanawha County’s active legal environment. Landlords should maintain meticulous move-in and move-out documentation. A tenant who knows WV landlord-tenant law can and will file in Magistrate Court over a deposit that was withheld without proper procedure.
Entry for repairs or inspections requires 24 hours’ written notice except 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 is illegal under WV Code 55-3A-3. West Virginia has no rent control; Kanawha County has no residential rental licensing program at the county level, though some municipal ordinances in Charleston or South Charleston may impose registration or inspection requirements — landlords should verify with the applicable municipality. For eviction filing assistance, contact the Magistrate Clerk at (304) 357-0422. 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 Kanawha County Magistrate Court: 111 Court Street, Charleston, WV 25301 — (304) 357-0422. Municipal rental ordinances may apply in individual cities — verify with Charleston or South Charleston city offices as applicable. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
