West Virginia landlord guide — Magistrate Court, eviction filing & Fairmont metro rental rules
📍 Magistrate Court: 200 Jackson Street, Fairmont, WV 26554 👥 Pop. ~56,000 — North-Central WV / I-79 Corridor ⚖️ 16th Judicial Circuit — Marion County only 🏛 Fairmont State University — university rental market anchor
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.
Marion County straddles the I-79 corridor in north-central West Virginia, anchored by Fairmont — a city of approximately 17,000 that serves as the county seat and regional commercial hub. Historically a coal, glass, and railroad city, Fairmont transitioned through the second half of the 20th century toward a more diversified economy grounded in higher education, healthcare, and the remnants of its industrial heritage. Today the county has a population of roughly 56,000 and supports a rental market shaped primarily by two institutions: Fairmont State University and Pierpont Community & Technical College.
Fairmont State University, with roughly 3,000 to 4,000 students, is the dominant driver of rental demand within walking and biking distance of the campus on Locust Avenue. Student-focused rentals — houses, apartments, and multi-unit properties near campus — fill reliably every August and maintain high occupancy through the academic year. Pierpont Community & Technical College, which shares facilities with FSU and serves a predominantly commuter student population, adds additional enrollment to the local educational ecosystem. Together these institutions make Marion County one of the stronger university-adjacent rental markets in the state outside of Morgantown.
Fairmont Medical Center (WVU Medicine) is the county’s largest healthcare employer. The I-79 interchange at Fairmont provides access to both Charleston and Pittsburgh, making the county viable for long-distance commuters. The natural gas industry, including midstream infrastructure associated with the Marcellus and Utica shale formations that underlie much of north-central WV, has added some energy-sector employment in and around the county since the early 2010s. Mannington, a small city in the western part of the county, has its own modest residential and rental base.
Rental Pricing and Market Segments
Marion County rents are moderate by West Virginia standards, reflecting both the university influence and the general affordability of the north-central WV market. Near Fairmont State’s campus, one-bedroom units typically rent for $650–$850 per month; two-bedroom apartments or small houses near campus run $800–$1,100. The downtown Fairmont area and neighborhoods farther from campus offer more affordable options, with two-bedroom units often available in the $700–$950 range. The county’s overall HUD Fair Market Rent for a two-bedroom unit is competitive with Harrison County to the north.
Filing an Eviction in Marion County Magistrate Court
Evictions in Marion County are filed at the Magistrate Court, located at 200 Jackson Street (Room 211 for clerk), Fairmont, WV 26554. Magistrate Clerk Alicia Harker can be reached at (304) 367-5330; fax (304) 367-5336. Three magistrates serve Marion County: Magistrate Mark M. Hayes (304-367-5350), Magistrate Melissa Pride Linger (304-367-5340), and Magistrate Brian L. Shuck (304-367-5350).
West Virginia evictions proceed using 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 under WV law. For lease violations, a written cure notice of 10 to 30 days before filing is standard best practice. After filing, the Marion County Sheriff serves the summons. The tenant has five days to respond. The magistrate hears contested matters; uncontested cases resolve more quickly. The Sheriff executes the Writ of Possession following judgment for the landlord. Typical timeline: two to four weeks for uncontested nonpayment cases.
A note specific to student landlords: university students sign leases as adults and are bound by WV landlord-tenant law identically to any other tenant. Parental co-signers are common and appropriate for students without independent income. If a co-signer is added to the lease, they assume joint liability for rent and damages. The eviction process does not differentiate between student tenants and others. Security deposits returned at lease end must follow the same 60-day timeline regardless of whether the tenant is a student returning home for the summer. West Virginia imposes no cap on security deposits, and one to one-and-a-half months’ rent is standard in the student market. For court procedures, contact Alicia Harker at (304) 367-5330. Legal Aid of West Virginia: 1-866-255-4370.
🏛️ 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 Marion County Magistrate Court: 200 Jackson Street, Fairmont, WV 26554 — (304) 367-5330. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
