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.
Mingo County lies along the Tug Fork River on the West Virginia-Kentucky border, a deep mountain county whose name comes from a band of the Iroquois Nation who once inhabited the area. The county seat of Williamson — population roughly 2,800 — sits directly on the Tug Fork, with the city of Williamson, Kentucky visible across the river. This border geography is more than geographic curiosity: it reflects an economic and cultural integration between the two Williamsons that shapes how residents on both sides approach work, shopping, and housing decisions.
Mingo County is the original Hatfield-McCoy territory. The famous feud between the Hatfield and McCoy families in the late 19th century unfolded along the Tug Fork and in the hollows of what is now Mingo and Pike County, Kentucky. That history has become a regional identity and a tourism hook, most concretely expressed in the Hatfield-McCoy Trails system — a multi-county network of ATV and off-road riding trails that uses Mingo County as one of its key hubs. Williamson serves as a gateway community for trail riders, and the trail-adjacent economy — outfitters, lodging, dining — has become one of the county’s few growth sectors.
Like its neighbors McDowell and Logan, Mingo County has experienced dramatic population loss tied to the decline of coal employment. From a peak population well above 40,000 in the mid-20th century, the county has contracted to approximately 23,000 today. This trajectory has left a legacy of vacant housing, reduced tax revenues, and limited economic diversity. The county’s largest employer is the school system; Williamson Memorial Hospital and county government provide additional public-sector employment. The coalfield economy, while reduced, still accounts for some private-sector activity in active mining areas.
Rental Market and Filing Information
Mingo County rents are among the lowest in West Virginia. One-bedroom units in Williamson typically rent in the $400–$575 range; two-bedroom homes or apartments run approximately $525–$725 per month. The trail system has added a modest premium to properties in trail-accessible areas with short-term rental potential, but the core residential rental market remains constrained by low incomes and high vacancy from population loss.
Evictions in Mingo County are filed at the Magistrate Court, located at 101 Logan Street, Room 303, Williamson, WV 25661. Magistrate Clerk Kelly New can be reached at (304) 235-2445; fax (304) 235-3179. Three magistrates serve the county: Magistrate Jim Harvey (304-235-2218), Magistrate David Justice (304-235-2340), and Magistrate Donald Sansom (304-235-2827). 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 before filing. After filing, 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. No security deposit cap; 60-day return deadline with written itemization. Month-to-month requires 30 days’ notice to terminate. Self-help eviction is illegal. No rent control; no 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 Mingo County Magistrate Court: 101 Logan Street, Room 303, Williamson, WV 25661 — (304) 235-2445. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
