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.
McDowell County sits at the southernmost tip of West Virginia, deep in the mountains along the Tug Fork River and Elkhorn Creek drainages, bordering Virginia to the south and Kentucky to the west. It is one of the most historically significant and economically distressed counties in the United States. At its peak in the mid-20th century, McDowell County supported a population exceeding 100,000 and produced extraordinary quantities of high-quality metallurgical coal that fueled American steel production. By 2025, the county’s population has fallen to approximately 17,000 — an 83 percent decline — driven by the collapse of underground coal employment over six decades of mechanization, market shifts, and regulatory change.
This context is essential to understanding the McDowell County rental market, which is unlike any other in West Virginia. The county seat of Welch — once a booming small city with department stores, theaters, and hotels — has a current population of approximately 2,100. Many of the residential structures throughout the county are aging, some vacant or deteriorating, and the overall housing stock reflects decades of population loss rather than new investment. Rents are among the lowest in the state, but so is the pool of creditworthy tenants. Vacancy rates are high. The infrastructure challenges — including road access, broadband, and healthcare desert conditions in parts of the county — compound the difficulty of attracting or retaining a stable tenant population.
Rental Market Realities
McDowell County rents are among the lowest in West Virginia. One-bedroom units in Welch and other communities typically rent for $375–$525 per month. Two-bedroom homes or apartments run approximately $450–$650. The combination of low rents, high vacancy, and limited creditworthy tenant supply makes McDowell County a challenging market for conventional rental investment. The county’s largest employers — McDowell County Schools, Welch Community Hospital, county government, and the remaining coal operations — provide some anchor employment, but the overall economic base is thin.
The Hatfield-McCoy Trail system passes through McDowell County (along with Logan, Wyoming, and Mingo counties), and trail-related tourism has provided a modest economic stimulus in communities with trail access. Some property owners in McDowell have pursued short-term rentals and hostel-style accommodations catering to trail riders. The trail community represents one of the few organic demand drivers for housing in the county outside of the core institutional employment base.
Landlords operating in McDowell County should be realistic about market conditions and approach property management with a clear understanding of the county’s economic position. Screening standards, lease terms, and security deposit practices should reflect the actual risk profile of the market. The legal framework governing landlord-tenant relationships is the same as in any other WV county — WV Code Chapter 37 applies fully — but the practical challenges of operating in a deeply distressed market require a different operational posture than in growing counties.
Filing an Eviction in McDowell County Magistrate Court
Evictions in McDowell County are filed at the Magistrate Court, located at 105 Wyoming Street, Welch, WV 24801. Magistrate Clerk Andrea Fowler can be reached at (304) 436-8587; fax (304) 436-8575. Three magistrates serve McDowell County: Magistrate Ronald Blevins (304-436-8591), Magistrate Mark Shelton (304-436-8594), and Magistrate Richard VanDyke (304-436-8590). Magistrates’ fax: (304) 436-6798.
Evictions proceed using Form MLTPTWR (Petition for Summary Relief for Wrongful Occupation of Residential Rental Property), available at courtswv.gov. No pre-filing notice is required for nonpayment. For lease violations, a written cure notice of 10 to 30 days before filing is advisable. After filing, the McDowell County Sheriff serves the summons; the tenant has five days to respond. The Sheriff executes the Writ of Possession after judgment for the landlord. West Virginia imposes no cap on security deposits; the standard return deadline is 60 days from lease end or 45 days of new occupancy, with written itemization of deductions. Month-to-month tenancies require 30 days’ written notice. Self-help eviction is illegal under WV Code 55-3A-3. No rent control; no county rental licensing. For court procedures, contact Andrea Fowler at (304) 436-8587. 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 McDowell County Magistrate Court: 105 Wyoming Street, Welch, WV 24801 — (304) 436-8587. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
