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.
Roane County sits in the hill country of west-central West Virginia, a county of approximately 14,000 residents centered on Spencer — the county seat with a population of roughly 2,300 — in the Little Kanawha River watershed. Like neighboring Ritchie, Calhoun, and Gilmer counties, Roane County is part of the historic oil and gas region of northwestern WV, and the landscape bears the marks of that heritage in its infrastructure and community character. Today the county’s economy is supported by county government and services, the Roane General Hospital system, agriculture, and a continued modest oil and natural gas presence.
Spencer is the county’s commercial center, with a compact downtown, courthouse square, and the retail and service businesses that support the local population. Walton, a smaller community to the north, and other rural communities scattered across the county’s 484 square miles make up the rest of the residential geography. The county lacks interstate access and major highway connections, which limits both commuter demand from larger cities and the kind of commercial development that broader infrastructure would enable. Residents seeking major retail, healthcare beyond local services, or employment in larger markets generally look to Charleston via US-33 or Parkersburg via WV-14.
Rental Market Conditions
Roane County’s rental market is small and predominantly local. One-bedroom units in Spencer run approximately $425–$575 per month; two-bedroom homes or apartments typically rent for $550–$725. The market is characterized by longstanding landlord-tenant relationships, modest inventory, and a tenant base composed almost entirely of local workers and residents. Turnover is generally low when tenancies are going well, but when problems arise, the informal character of many rental arrangements can complicate enforcement. Written leases with clear terms are as important here as anywhere in WV, and landlords who formalize their arrangements are better positioned if a dispute reaches the Magistrate Court.
The Marcellus shale natural gas development in northwestern WV has touched Roane County to some degree, with pipeline and midstream infrastructure projects creating occasional demand for worker housing. This tends to be short-duration — months rather than years — and is best accommodated through month-to-month or short fixed-term leases rather than long-term commitments that outlast the project timeline. Landlords with properties suitable for professional workers can serve this segment effectively during active project phases.
Filing an Eviction in Roane County Magistrate Court
Evictions in Roane County are filed at the Magistrate Court, located at 201 Main Street, Spencer, WV 25276. Magistrate Clerk Cynthia L. Morgan can be reached at (304) 927-4750; fax (304) 927-2913. Two magistrates serve the county: Magistrate Jason D. Bennett (304-927-4759) and Magistrate Ronald A. White (304-927-4751).
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 Roane 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 Cynthia L. Morgan at (304) 927-4750. 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 Roane County Magistrate Court: 201 Main Street, Spencer, WV 25276 — (304) 927-4750. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
