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.
Mineral County occupies the North Branch Potomac River valley in the Eastern Panhandle of West Virginia, a county of approximately 27,000 residents anchored by Keyser — a compact river city of about 4,500 that serves as both the county seat and the home of Potomac State College, a WVU branch campus. The county sits west of the Maryland border and south of the more dynamic growth corridors of Berkeley and Jefferson counties, occupying a quieter corner of the Eastern Panhandle that is shaped more by Appalachian mountain and river geography than by DC commuter economics.
Potomac State College is the most distinctive feature of the Mineral County rental market. As a WVU branch offering two-year degrees and serving as a pathway campus to WVU in Morgantown, Potomac State enrolls several hundred residential students who live on or near campus in Keyser. The college community creates a reliable, predictable demand cycle for off-campus housing near campus — smaller than the Morgantown market by orders of magnitude, but meaningful in the context of a county of 27,000. Keyser’s downtown has a modest commercial district, Potomac Valley Hospital, county government services, and small manufacturing operations that collectively anchor the local employment base.
Jennings Randolph Lake, on the North Branch Potomac River at the Mineral-Grant county line and the WV-Maryland border, is a U.S. Army Corps of Engineers reservoir that draws recreational boating, fishing, and camping visitors during summer months. The lake adds some seasonal tourist traffic to the northern part of the county but does not generate significant year-round residential rental demand. Piedmont, a small community in the northern tip of the county, sits across the Potomac from Westernport, Maryland, and some cross-state commuting occurs.
Rental Market and Filing Information
Mineral County rents are modest. One-bedroom units in Keyser typically rent in the $550–$725 range; two-bedroom homes or apartments run approximately $650–$875 per month. Near Potomac State’s campus, demand for smaller units is steady during the academic year, though summer occupancy drops as residential students depart. This seasonality is a factor landlords should plan for when structuring lease terms — 12-month leases running through the summer are preferable to academic-year leases that leave units vacant June through August.
Evictions in Mineral County are filed at the Magistrate Court, located at 105 West Street, Keyser, WV 26726. Magistrate Clerk Amy Cannon can be reached at (304) 788-2625; fax (304) 788-9835. Magistrates for Mineral County are listed on courtswv.gov. 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, issue a written cure notice of 10 to 30 days before filing. After the Sheriff serves the summons, the tenant has five days to respond. The Writ of Possession is executed by the Sheriff after judgment for the landlord. West Virginia imposes no cap on security deposits; deposits must be returned within 60 days of 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. No rent control or county rental licensing. 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 Mineral County Magistrate Court: 105 West Street, Keyser, WV 26726 — (304) 788-2625. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
