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.
Pocahontas County is among the most scenically spectacular counties in West Virginia and one of the most economically complex for landlords to navigate. With approximately 8,500 residents spread across 942 square miles of the Allegheny Highlands — making it one of the largest counties by area in the state — Pocahontas has two very different economic identities operating in parallel. The first is a traditional rural mountain county centered on the county seat of Marlinton, the Greenbrier River, and a modest agricultural and government-services economy. The second is a major four-season resort destination anchored by Snowshoe Mountain Resort, which sits at 4,848 feet elevation on Cheat Mountain and draws hundreds of thousands of visitors annually for skiing, mountain biking, hiking, and events.
Snowshoe Mountain Resort is the dominant economic force in Pocahontas County by a substantial margin. The resort employs several hundred workers directly and generates demand for housing across the full spectrum — from seasonal ski industry workers needing workforce housing near the mountain, to year-round resort operations staff, to investment property owners who rent their Snowshoe units as vacation rentals during peak seasons. The resort village itself has a significant inventory of slopeside condominiums and chalets that are privately owned and managed through a mix of long-term leases and short-term vacation rental programs. Understanding which regulatory framework governs a given rental arrangement at Snowshoe requires attention to the specific facts of the tenancy.
Two Rental Markets in One County
In Marlinton and the valley communities along the Greenbrier River — Durbin, Hillsboro, Lewisburg Road communities — the rental market reflects the rural economy. One-bedroom units in Marlinton typically rent for $450–$625 per month; two-bedroom homes run $575–$775. The 77-mile Greenbrier River Trail, running from Cass to Caldwell entirely through Pocahontas and Greenbrier counties, draws significant recreational tourism and has seeded some short-term rental investment along the trail corridor, particularly around Marlinton and Seebert.
Near and at Snowshoe, the economics are entirely different. Workforce housing for resort employees is chronically tight — a common condition at mountain resort communities throughout Appalachia. Workers who staff the lifts, lodges, restaurants, and retail outlets at Snowshoe compete for a limited supply of affordable housing within commuting distance of the mountain. Some employers offer housing assistance; many workers live in Marlinton or other valley communities and commute. Landlords with well-located, modest properties within reasonable driving distance of Snowshoe can expect strong workforce rental demand year-round, with particular intensity in the November through March ski season.
Cass Scenic Railroad State Park, in the northern part of the county, operates a heritage steam railroad and resort that adds another tourism employer to the county’s economy. The National Radio Astronomy Observatory at Green Bank — home to the world’s largest fully steerable radio telescope and located in the National Radio Quiet Zone — is another distinctive Pocahontas County institution, employing scientists, engineers, and support staff who need year-round housing in the area. Green Bank Observatory workers represent a small but stable professional rental demand segment with specific housing needs near the facility.
Filing an Eviction in Pocahontas County Magistrate Court
Evictions in Pocahontas County are filed at the Magistrate Court, located at 900 Tenth Avenue, Marlinton, WV 24954. Contact the Magistrate Court through the main county courthouse line — verify current clerk name and direct number at courtswv.gov before filing, as small-county staffing can change. Two magistrates serve Pocahontas County. 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 Pocahontas 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. One month’s rent is standard for residential rentals in the valley communities; resort-adjacent properties may warrant higher deposits given the higher-turnover workforce housing context. 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. 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 Pocahontas County Magistrate Court: 900 Tenth Avenue, Marlinton, WV 24954. Verify current clerk contact at courtswv.gov. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
