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.
Wayne County wraps around the western and southern edges of Cabell County, functioning as a significant bedroom community for the Huntington metro area while also maintaining its own distinct rural and small-town character. With approximately 40,000 residents, it is one of the larger counties in southwestern WV and shares the Huntington metro’s economic gravitational pull. The county seat of Wayne — population roughly 1,300 — is a modest courthouse town about 15 miles south of Huntington, while the Ceredo-Kenova area at the county’s northern tip along the Ohio River functions as a near-suburb of Huntington itself.
The Ceredo-Kenova corridor, where Wayne County meets the Ohio and Big Sandy rivers at the Kentucky border, has its own distinct character. Kenova is home to the Western Regional Airport and the famous Pumpkin House, an autumn tourism attraction that draws national attention. The area has light industrial and commercial activity tied to river transportation and the broader Huntington economy. Fort Gay, at the far southern tip of the county on the Tug Fork at the Kentucky border, is a small community that shares the border-town character common to Mingo County communities further east.
Marshall University in neighboring Huntington is a major employment and student-population anchor whose influence extends into Wayne County. Healthcare employment at Cabell Huntington Hospital and St. Mary’s Medical Center in Huntington draws workers who may live in Wayne County for cost or preference reasons. The Appalachian Power Company has significant infrastructure in the county. Wayne County schools are a meaningful local employer. The county’s rural interior — communities like Lavalette, Genoa, and Dunlow — serves an agricultural and resource extraction economy that is distinct from the Huntington-adjacent market.
Rental Market Conditions
Wayne County rents vary by location. In the Ceredo-Kenova area, one-bedroom units run approximately $650–$850 per month, reflecting the proximity to Huntington. In Wayne and rural parts of the county, rents are more modest: one-bedrooms run $500–$675 and two-bedrooms $625–$850. The Huntington commuter demand supports above-average pricing in communities nearest to I-64 and US-60 access points, while the county’s rural interior operates as a straightforward local market with very modest rents.
Filing an Eviction in Wayne County Magistrate Court
Evictions in Wayne County are filed at the Magistrate Court, located at the Wayne County Courthouse, 100 South Court Street (P.O. Box 667), Wayne, WV 25570. Magistrate Clerk Tammy C. Queen can be reached at (304) 272-6388 or (304) 272-5648; fax (304) 272-5988. Three magistrates serve Wayne County: Magistrate David Ferguson (304-272-5783), Magistrate Billy Dell Runyon (304-272-5473), and Magistrate Gary Thompson (304-272-5582).
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 Wayne 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 Tammy C. Queen at (304) 272-6388. 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 Wayne County Magistrate Court: 100 South Court Street, Wayne, WV 25570 — (304) 272-6388. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
