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.
Morgan County occupies the Cacapon River valley in the Eastern Panhandle, a compact county of approximately 17,000 residents whose county seat of Berkeley Springs carries a distinction unique in the United States: it is home to the country’s oldest continuously operating spa. George Washington himself bathed in the warm mineral springs here, and the town has parlayed that heritage into a genuine arts and wellness tourism identity that sets it apart from every other small county seat in West Virginia. Berkeley Springs today is a destination — with galleries, boutique restaurants, the historic Bath County Roman Baths, and a steady stream of weekend visitors from the DC-Baltimore corridor — and that character meaningfully shapes the local rental market.
Morgan County sits at the western end of the Eastern Panhandle, bordered by Berkeley County to the east and Hampshire County to the south and west. Its proximity to the Washington DC metropolitan area — roughly 100 miles via US-522 and I-70 — places it on the far outer fringe of the DC commuter zone. Unlike Berkeley and Jefferson counties, which function as genuine bedroom communities for DC employment, Morgan County is too distant for daily commuting. It occupies a different market position: a second-home, retirement, and remote-work destination for people priced out of or tired of the closer-in Eastern Panhandle markets, and a year-round residential community for those whose employment is local.
The Morgan County Rental Market
Morgan County’s rental market is small, mixed, and shaped by two distinct dynamics. The first is a modest conventional residential rental market serving local workers — county government employees, school personnel, healthcare workers at War Memorial Hospital, and tradespeople. This segment operates at rents typical of rural Eastern Panhandle: one-bedroom units in and around Berkeley Springs run approximately $650–$850 per month; two-bedroom homes or apartments run $800–$1,050. Demand is steady but not pressured; the market is tight simply because rental inventory is limited.
The second dynamic is the tourism and short-term rental economy. Berkeley Springs has a substantial short-term rental presence — vacation homes, spa weekender cottages, and Airbnb-style listings catering to the DC-Baltimore day-trip and weekend market. This segment is separate from the long-term residential rental market governed by WV Code Chapter 37 landlord-tenant law. Property owners who mix short-term and long-term tenancies in the same property, or who transition properties between the two uses, should understand that WV landlord-tenant law applies to any residential arrangement involving a lease or recurring rent payment, while transient guests in a hotel or vacation rental context fall under a different framework. If there is any ambiguity about whether a tenancy has formed, the courts will tend to construe in favor of tenant protections.
Cacapon Resort State Park, one of West Virginia’s most popular state parks, is located in the county along the Cacapon River and draws significant visitor traffic. The park itself does not generate residential rental demand, but it contributes to the county’s identity as a recreation destination and has supported some growth in the hospitality sector around Berkeley Springs.
Filing an Eviction in Morgan County Magistrate Court
Evictions in Morgan County are filed at the Magistrate Court, located at the Morgan County Courthouse, 77 Fairfax Street, Room 202, Berkeley Springs, WV 25411. Magistrate Clerk Ashley N. Moss can be reached at (304) 258-8631; fax (304) 258-8639. Two magistrates serve Morgan County: Magistrate Kermit M. Ambrose at (304) 258-8634 and Magistrate Gregory L. Miller at (304) 258-8633.
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 recommended. After filing, the Morgan County 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. In a small two-magistrate county, the docket is light and uncontested cases often move efficiently. West Virginia imposes no cap on security deposits. Deposits must be returned with written itemization within 60 days of lease end or 45 days of new occupancy, whichever is shorter. 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 Ashley N. Moss at (304) 258-8631. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991.
🏛️ 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 Morgan County Magistrate Court: 77 Fairfax Street, Room 202, Berkeley Springs, WV 25411 — (304) 258-8631. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
