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.
Lincoln County occupies the Guyandotte River valley in the southwestern corner of West Virginia, a deeply rural county of approximately 20,000 residents that has historically been shaped by the coal industry and the agricultural traditions of the hollows and creek bottoms between the ridge lines. The county seat of Hamlin — population roughly 1,100 — is a small government town with a compact courthouse square, county services, and limited commercial amenities. Lincoln County is one of the more isolated counties in the state, lacking an interstate highway, and its economy reflects that geographic reality.
The county was created in 1867 and named for President Abraham Lincoln. For much of the 20th century, underground coal mining in the Mud River and Guyandotte drainage provided employment and population density. The contraction of coal employment beginning in the 1980s accelerated through the 2000s and 2010s, taking a toll on the county’s population and tax base. Lincoln County today faces the familiar challenges of rural Appalachian counties: population loss, limited employment diversity, aging housing stock, and healthcare access gaps. State government employment, county services, the Lincoln County school system, and Lincoln Primary Care Center provide the most stable employment anchors in the county today.
Rental Market Conditions
Lincoln County’s rental market is small, informal, and predominantly local. Rents are among the lowest in West Virginia — one-bedroom units in Hamlin and surrounding communities typically rent in the $400–$575 range; two-bedroom houses or apartments run approximately $500–$750 per month. Many rental arrangements in the county are informal or semi-formal, with longstanding landlord-tenant relationships that predate written leases. For landlords who operate here, understanding that the formal eviction process through the Magistrate Court exists regardless of the informal nature of prior dealings is important.
The proximity to Huntington (Cabell County) — roughly 30 miles to the west via WV Route 3 and US-60 — provides some employment connection for Lincoln County residents willing to commute. Hamlin itself has a Dollar General, a few local restaurants, and county services, but most retail needs are met in Huntington or Logan. The county’s natural beauty along the Guyandotte and its tributaries has attracted some limited outdoor recreation interest, though nothing approaching the scale of the Hatfield-McCoy Trails system further south.
Filing an Eviction in Lincoln County Magistrate Court
Evictions in Lincoln County are filed at the Magistrate Court, located at the Lincoln County Courthouse, 8000 Court Avenue (P.O. Box 573), Hamlin, WV 25523. Magistrate Clerk Lori A. Whitten can be reached at (304) 824-7999, ext. 235; fax (304) 824-5280. Two magistrates serve the county: Magistrate Gary Linville at ext. 236 and Magistrate Sophia J. Tully at ext. 237. The main courthouse number is (304) 824-7990.
West Virginia evictions use Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — available at courtswv.gov. No pre-filing notice is required for nonpayment cases; landlords may file the day rent goes unpaid. A written 5-day notice is standard practice among experienced landlords to document the communication. For lease violations, a written cure notice of 10 to 30 days before filing is advisable. After filing, the Lincoln County Sheriff serves the summons. The tenant has five days to respond. Contested matters receive a hearing; uncontested cases may move quickly. The Sheriff executes the Writ of Possession after judgment for the landlord.
One practical note for Lincoln County landlords: in a county where informal rental arrangements have been common, written leases are strongly preferable even where the relationship feels secure. A written lease establishes the rent amount, due date, lease term, and any specific rules — all of which become critical documentation in a Magistrate Court proceeding. Without a written lease, the landlord must rely on verbal testimony about the agreement’s terms, which creates unnecessary ambiguity and potential delay.
West Virginia imposes no cap on security deposits. One month’s rent is standard in Lincoln County. Deposits must be returned within 60 days of lease end or 45 days of new tenant occupancy (whichever is shorter), with a written itemized statement of deductions. Month-to-month tenancies require 30 days’ written notice to terminate. Entry for repairs or inspections requires 24 hours’ written notice except emergencies. Self-help eviction is illegal under WV Code 55-3A-3. There is no rent control in West Virginia, and no residential rental licensing in Lincoln County. For assistance, contact Magistrate Clerk Lori A. Whitten at (304) 824-7999, ext. 235. Legal Aid of West Virginia: 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 Lincoln County Magistrate Court: 8000 Court Avenue, Hamlin, WV 25523 — (304) 824-7999 ext. 235. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
