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.
Lewis County sits at the intersection of two very different versions of West Virginia’s economic story. The county seat of Weston — a town of approximately 4,000 — has the bones of a once-prosperous small city, including a handsome courthouse, a compact downtown, and institutional employers that have kept it viable even as the broader region has contracted. But Lewis County is also reinventing itself around something unexpected: the Trans-Allegheny Lunatic Asylum, a 19th-century Gothic institutional building of staggering scale that has become one of the more unusual tourism destinations in the mid-Atlantic region. Ghost tours, Halloween events, and historical tours draw visitors from across the country to what was once a functioning psychiatric hospital — and that tourism identity is slowly reshaping the county’s economic self-concept.
Stonewall Jackson Memorial Hospital is Lewis County’s anchor healthcare employer and one of the primary sources of professional rental demand in the Weston area. The county’s location along I-79 between Clarksburg (Harrison County) and Sutton (Braxton County) gives it moderate commuter viability — some residents work in the Harrison County employment base, particularly at the FBI/CJIS complex or WVU Medicine United Hospital in Bridgeport, and choose Weston for lower housing costs. Stonewall Jackson Lake State Park, one of the newer state park developments in WV, draws seasonal visitors and has seeded some vacation-rental investment around the lake area.
The Lewis County Rental Market
Lewis County rents are modest and consistent with rural north-central West Virginia. One-bedroom units in Weston typically rent in the $500–$675 range; two-bedroom homes and apartments run approximately $650–$875 per month. The market is small — Lewis County has a total population around 16,000 — and the inventory of quality rental units is limited. This scarcity can work in a landlord’s favor: well-maintained properties in good locations in or near Weston tend to lease quickly to a stable pool of local workers, healthcare employees, and county government staff.
The tourism dimension is worth understanding separately from the residential rental market. Properties positioned around Stonewall Jackson Lake or marketed for short-term event tourism near the Trans-Allegheny Asylum operate under different economics than long-term residential rentals and are governed by different regulatory considerations. WV landlord-tenant law, including the eviction statutes, applies to residential tenancies with a fixed or month-to-month lease structure — short-term transient guests in vacation rentals generally fall under a different legal framework. Landlords who convert between these uses should understand the distinction clearly.
Jane Lew, a small community in the eastern part of Lewis County, has historically been associated with the WV Glass Factory and regional artisan traditions. Horner and Camden are additional small communities scattered across the county’s largely rural landscape. None of these create significant independent rental demand, but they inform the geographic spread of the county’s small landlord population.
Filing an Eviction in Lewis County Magistrate Court
Evictions in Lewis County are filed at the Magistrate Court, located at the Lewis County Courthouse Annex, 117 Court Avenue, Room 143, Weston, WV 26452. Magistrate Clerk Rachel Buzzo can be reached at (304) 269-8230; fax (304) 269-8239. The court hours are Monday through Friday, 8:00 a.m. to 12:00 p.m. and 1:00 to 4:00 p.m. Two magistrates serve Lewis County: Magistrate L.J. McCue and Magistrate Brycen S. Williams, reachable at (304) 269-8232.
The eviction process in West Virginia is initiated by filing Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — available at courtswv.gov. For nonpayment cases, no advance notice to the tenant is legally required before filing. Many Lewis County landlords issue a written 5-day courtesy notice regardless to document the communication and give the tenant a final opportunity to pay before court costs accrue. For lease violations, issuing a written cure notice before filing (10 to 30 days depending on severity) is advisable both as professional practice and as documentation strategy.
After filing, the Lewis County Sheriff serves the summons on the tenant. The tenant has five days from service to file a written response. In a small county with two magistrates, the docket is manageable and uncontested cases can move relatively quickly. Contested matters receive a scheduled hearing. Following a judgment in the landlord’s favor, the Writ of Possession is issued and executed by the Sheriff. Typical timeline from filing to possession: two to five weeks.
Security Deposits and WV Landlord Law Essentials
West Virginia imposes no cap on security deposits. In Lewis County, one month’s rent is the standard deposit. The return deadline is 60 days from lease termination, or 45 days from new tenant occupancy, whichever is shorter — with a written itemized statement of any deductions. Month-to-month tenancies require 30 days’ written notice from either party to terminate. Entry for repairs or inspections requires 24 hours’ written notice except in genuine emergencies (WV Code 37-6-30). Self-help eviction is illegal under WV Code 55-3A-3. There is no rent control in West Virginia, and no residential rental licensing at the county level in Lewis County. For current court procedures, contact Rachel Buzzo at (304) 269-8230. 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 Lewis County Magistrate Court: 117 Court Avenue, Room 143, Weston, WV 26452 — (304) 269-8230. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
