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.
Raleigh County is the commercial and institutional hub of southern West Virginia, home to Beckley — the largest city in the southern coalfields and the county seat of a county with approximately 74,000 residents. Beckley sits at the intersection of I-77 and I-64, a geographic advantage that has long made it the retail, healthcare, and services center for a multi-county region. Unlike many of its southern WV neighbors whose economies contracted sharply with the coal industry, Raleigh County has maintained a more diversified base that has cushioned the transition. It remains one of the more economically active counties in the southern part of the state, and its rental market reflects that relative resilience.
The county’s employment anchors are varied. Raleigh General Hospital and Beckley ARH Hospital give the county a strong healthcare employment base. WVU Institute of Technology — relocated from Montgomery to a new campus in Beckley in 2017 — has added a university presence that generates student and faculty rental demand in the immediate Beckley area. The Robert C. Byrd Federal Courthouse and various state and federal agencies provide government employment. The New River Gorge National Park, designated a national park in 2020, lies partly within Raleigh County and has elevated the region’s profile as a tourism destination, drawing visitors for whitewater rafting, rock climbing, and outdoor recreation.
Rental Market Conditions
Raleigh County supports one of the more active rental markets in southern West Virginia. Beckley proper offers a range of housing from older downtown neighborhoods to suburban development along the US-19 and Eisenhower Drive corridors. One-bedroom units in Beckley typically rent for $650–$850 per month; two-bedroom apartments and homes run approximately $800–$1,100. The WVU Tech campus area has introduced student-focused demand in the Harper Road and downtown corridors near the university. Beaver, south of Beckley along I-77, has become a preferred suburban address for families seeking newer housing with good school access.
The New River Gorge national park designation has accelerated tourism investment in the county, particularly around the Grandview area and communities near the gorge rim. Short-term vacation rental investment has followed, with property owners converting or acquiring units near park access points. As with other resort-adjacent markets covered in this guide, WV landlord-tenant law governs residential tenancies; transient guest arrangements require careful structuring to remain outside that framework. Fayetteville in neighboring Fayette County is the primary outfitter hub for gorge tourism, but Raleigh County accommodations benefit from the visitor traffic.
Filing an Eviction in Raleigh County Magistrate Court
Evictions in Raleigh County are filed at the Magistrate Court, located at the Raleigh County Judicial Center, 222 Main Street, Beckley, WV 25801. Magistrate Clerk Kathryn B. Blankenship can be reached at (304) 255-9197; fax (304) 255-3701. Five magistrates serve Raleigh County: Magistrate Paul Blume (304-255-9108), Magistrate Timothy P. Deems (304-255-9107), Magistrate Matthew D. Epling, Magistrate John P. Humphrey (304-255-9109), Magistrate Tomi S. Peck (304-255-9105), and Magistrate Gregory W. Tanner (304-255-9106). With five magistrates handling a county of 74,000, Raleigh’s court runs an active and generally efficient docket.
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 Raleigh 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. Typical timeline for uncontested matters: two to four weeks.
West Virginia imposes no cap on security deposits. One to two months’ rent is standard in Raleigh County. 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 Kathryn B. Blankenship at (304) 255-9197. 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 Raleigh County Magistrate Court: 222 Main Street, Beckley, WV 25801 — (304) 255-9197. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
