West Virginia landlord guide — Magistrate Court, eviction filing & Summersville rental rules
📍 Magistrate Court: 511 Church Street, Summersville, WV 26651 👥 Pop. ~25,000 — Central WV / Gauley River watershed ⚖️ 26th Judicial Circuit — Nicholas County only 🏛 Summersville Lake — WV’s largest lake, outdoor recreation hub
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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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.
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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.
Nicholas County sits at the geographic center of West Virginia, a mid-sized rural county of approximately 25,000 residents anchored by Summersville — a town of roughly 3,500 that functions well above its size as a regional commercial hub and outdoor recreation gateway. The county’s dominant geographic feature is Summersville Lake, created by Summersville Dam on the Gauley River and recognized as the largest lake in West Virginia. With its striking turquoise-blue water and 60-foot sandstone cliffs, Summersville Lake draws divers, kayakers, and outdoor enthusiasts from across the region and has become one of the more recognizable recreational destinations in the mid-Atlantic. The adjacent Gauley River National Recreation Area, famous for its Class V whitewater rafting, adds to a tourism economy that genuinely shapes the county’s character and housing dynamics.
Summersville sits at the intersection of US-19 and WV-39, with US-19 serving as the main artery connecting to I-79 to the north and the New River Gorge National Park corridor to the south. This central location gives Summersville strong commercial viability for a town its size — it has a hospital (Nicholas County Hospital, part of the WVU Medicine system), a full retail strip along US-19, and county government and school system employment. The natural gas industry has had a presence in the county through Marcellus shale development, adding some energy-sector employment and transient workforce demand in recent years.
Rental Market Conditions
Nicholas County rents are moderate for rural central West Virginia. In Summersville, one-bedroom units typically rent for $600–$800 per month; two-bedroom homes or apartments run approximately $750–$1,000. The tourism economy adds a meaningful short-term rental layer — properties near Summersville Lake and the Gauley River access points are actively marketed on vacation rental platforms during the late spring through fall season. Long-term residential rentals and short-term vacation rentals occupy different market segments and different legal frameworks; landlords who operate in the short-term space should be aware that a guest relationship can convert to a tenancy with WV Code Chapter 37 protections if the arrangement becomes recurring or lease-like in character.
The year-round residential tenant base in Summersville and the surrounding county draws from healthcare, education, county government, retail, and trades employment. Carnifex Ferry Battlefield State Park and Summersville Lake State Park add to the recreational identity without generating significant residential rental demand. The town of Richwood, in the western part of the county along the Cherry River, has its own small residential market with lower rents than Summersville and an older housing stock tied to a historic lumber and chemical industry heritage.
Filing an Eviction in Nicholas County Magistrate Court
Evictions in Nicholas County are filed at the Magistrate Court, located at 511 Church Street, Summersville, WV 26651. Magistrate Clerk Agnes L. Johnson can be reached at (304) 872-7829; fax (304) 872-7888. Three magistrates serve Nicholas County: Magistrate Elizabeth A. Boso, Magistrate Mike Hanks, and Magistrate Bobby Joe Holdren, all reachable at (304) 872-7850.
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 Nicholas 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. 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 Agnes L. Johnson at (304) 872-7829. 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 Nicholas County Magistrate Court: 511 Church Street, Summersville, WV 26651 — (304) 872-7829. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
