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.
🔍 Reduce Your Risk Before Signing a Lease:
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.
Ready to File?
Generate West Virginia-Compliant Legal Documents
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.
Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.
⚠️ 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.
Upshur County is a north-central West Virginia county of approximately 24,000 residents anchored by Buckhannon — a small city of roughly 8,000 that punches well above its population in civic energy, community institutions, and quality of life. Buckhannon is the kind of WV small city that has managed the post-industrial transition with more grace than most: a compact downtown with independent businesses, West Virginia Wesleyan College anchoring the higher education sector, St. Joseph’s Hospital providing healthcare employment, and the Upshur County Strawberry Festival — one of the oldest and largest agricultural festivals in the state — drawing tens of thousands of visitors each spring. The festival alone speaks to a community that takes pride in its identity.
West Virginia Wesleyan College, a United Methodist-affiliated liberal arts college with an enrollment around 1,200 to 1,400 students, is the most significant driver of Upshur County’s rental market. The college generates reliable off-campus housing demand from students, faculty, staff, and visiting scholars. Buckhannon’s compact, walkable character means that off-campus rentals near Wesleyan command a modest location premium relative to properties farther from campus. The I-79 interchange at Buckhannon gives the county reasonable access to both the Harrison County employment corridor to the north and the Lewis County/Weston area to the south.
Rental Market Conditions
Upshur County rents are moderate for north-central WV. In Buckhannon, one-bedroom units typically rent for $575–$775 per month; two-bedroom homes or apartments run approximately $725–$975. Properties near West Virginia Wesleyan’s campus are in consistent demand during the academic year. The professional segment — hospital workers, college faculty, county government employees — provides year-round stable demand at the middle and upper end of the local market. The Buckhannon area has also attracted some remote worker migration given its quality of life and affordability relative to larger metropolitan areas.
The Marcellus shale natural gas development that has touched neighboring Lewis and Barbour counties has had some spillover into Upshur County, with pipeline workers and energy industry contractors occasionally seeking housing in Buckhannon. This segment is intermittent and project-dependent. Landlords who can accommodate month-to-month arrangements for professional workers can serve this demand without overcommitting to lease terms that outlast the project.
Filing an Eviction in Upshur County Magistrate Court
Evictions in Upshur County are filed at the Magistrate Court, located at the Upshur County Courthouse, 38 West Main Street, Room 204, Buckhannon, WV 26201. Magistrate Clerk Geneva Peggs can be reached at (304) 472-2053; fax (304) 472-2061. Two magistrates serve Upshur County: Magistrate Paul M. Davis (Room 205, 304-472-2462) and Magistrate Alan M. Suder (Room 203, 304-472-2259).
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 Upshur 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 Geneva Peggs at (304) 472-2053. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991.
🏛️ Courthouse Information and Locations for West Virginia
Loading courthouse data
Coming Soon
Courthouse data for West Virginia is being compiled. Check back soon!
⚠️ 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 Upshur County Magistrate Court: 38 West Main Street, Room 204, Buckhannon, WV 26201 — (304) 472-2053. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
