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.
Wetzel County occupies a stretch of the Ohio River in northwestern West Virginia, a county of approximately 15,000 residents whose county seat of New Martinsville — population roughly 5,300 — is one of the more substantial small cities on the WV side of the Ohio Valley. New Martinsville sits on a broad river bend, and its downtown retains the brick commercial character of a 19th-century Ohio River trading town. The city has historically been a glassmaking center — the Hazel-Atlas Glass Company once operated a major facility here — and while the glass industry has contracted significantly from its peak, it remains part of the county’s industrial identity. Silengo and other manufacturing operations in the county continue to provide blue-collar employment.
The Marcellus shale natural gas development has been one of the more significant economic forces in Wetzel County over the past two decades. The county sits within one of the most productive Marcellus formation zones in West Virginia, and the pipeline, compression, and processing infrastructure built to move gas from the wellhead to market has brought substantial capital investment and workforce activity to the area. During peak drilling cycles, Wetzel County has seen meaningful demand for housing from energy workers — mostly professionals and skilled tradespeople employed by midstream companies, pipeline contractors, and drilling operations. This demand is cyclical and tracks closely with natural gas commodity prices and the overall capital spending of the major operators in the basin.
Paden City, in the southern part of the county, is the county’s second significant community, with a small-town character and proximity to both Wetzel County employment and the Wood County/Parkersburg market via US-2. The county’s overall economic trajectory has been more stable than many WV counties of similar size, with the energy sector providing a more durable base than the coal or timber economies that characterize other parts of the state.
Rental Market Conditions
Wetzel County rents are moderate for the northwestern WV region. In New Martinsville, one-bedroom units typically run $525–$700 per month; two-bedroom homes or apartments rent for approximately $650–$875. During active energy development cycles, demand from energy-sector workers — who often have expense accounts or company housing allowances — can push effective rents higher for well-located, well-maintained units. Landlords who own properties in New Martinsville with easy highway access to active drilling or pipeline areas are positioned to benefit from that demand when it is present. During quieter energy cycles, the market reverts to a local character anchored by county employees, manufacturing workers, and retail and service sector residents.
Filing an Eviction in Wetzel County Magistrate Court
Evictions in Wetzel County are filed at the Magistrate Court, located at 257 Main Street, Third Floor (P.O. Box 147), New Martinsville, WV 26155. Magistrate Clerk Cindy D. Adams can be reached at (304) 455-5171; fax (304) 455-2859. Two magistrates serve Wetzel County: Magistrate Roger G. Spragg (304-455-5040) and Magistrate Donald W. Harris (304-455-2450).
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 Wetzel 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 Cindy D. Adams at (304) 455-5171. 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 Wetzel County Magistrate Court: 257 Main Street, Third Floor, New Martinsville, WV 26155 — (304) 455-5171. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
