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Braxton County West Virginia
Braxton County · West Virginia

Braxton County Landlord-Tenant Law

West Virginia landlord guide — Magistrate Court, eviction filing & Elk River Valley rental rules

📍 Magistrate Court: 307 Main Street, Sutton, WV 26601
👥 Pop. ~12,146 — Geographic Center of West Virginia
⚖️ 14th Judicial Circuit — Braxton, Clay, Gilmer & Webster
🏛 US-19 / Elk River corridor / I-79 access at Flatwoods

Braxton County Rental Market Overview

Braxton County sits at the geographic center of West Virginia, a distinction locals point to with quiet pride. The county seat, Sutton, sits along the Elk River on US-19, with I-79 access at Flatwoods just a few miles north. With a 2025 population of approximately 12,146 — down 16.5% since 2010 — Braxton County is one of West Virginia’s smaller and more rural counties. Its economy runs on education, healthcare, retail, and construction trades, with a poverty rate of around 20% and a per capita income of approximately $31,292. The cost of living index sits at 83.8, well below the national average, and housing values are modest: median property values around $117,900.

Typical residential rents run $500–$800/month for single-family homes. Evictions are filed at Braxton County Magistrate Court, 307 Main Street, Suite 205, Sutton. Clerk: Sharon Yost — (304) 765-7362. Magistrates: John Eric Skidmore and Mary Beth Smith (304-765-2520 / 304-765-5678).

📊 Quick Stats

Magistrate Court 307 Main Street, Suite 205, Sutton, WV 26601
Magistrate Clerk Sharon Yost — (304) 765-7362
Magistrates John Eric Skidmore · Mary Beth Smith (304-765-2520 / 304-765-5678)
Population ~12,146 (2025 est.) — geographic center of WV
Region Central WV — Elk River / US-19 / I-79 at Flatwoods
Key Communities Sutton (county seat), Gassaway, Burnsville, Flatwoods
Major Employers Braxton County Schools, Braxton County Memorial Hospital, county government, retail (Flatwoods interchange), construction trades
Typical SFH Rent $500–$800/mo
Median Property Value ~$117,900
Filing Fee $50–$70 plus service fees (Magistrate Court)

⚡ Eviction At-a-Glance

Nonpayment Notice None required by statute — 5-day courtesy notice standard practice
Lease Violation Notice 10–30 days depending on severity
Month-to-Month Termination 30 days written notice (WV Code §37-6-5)
Filing Petition for Summary Relief — Wrongful Occupation (MLTPTWR) — Magistrate Court
Tenant Answer Deadline 5 days after service of summons
Writ of Possession Braxton County Sheriff executes; 5–10 days to vacate
Eviction Timeline 2–5 weeks typical
Abandoned Property Store 30 days, written notice, inventory required (WV Code §55-3A-3a)

Braxton County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. No county-level registration required in Braxton County. Landlords within the incorporated towns of Sutton, Gassaway, Burnsville, or Flatwoods should check with respective municipal offices for any local requirements. Contact Braxton County Commission for county-level questions: (304) 765-2833.
Rent Control None. West Virginia has no rent control statute. Braxton County’s soft rental market means rents are driven entirely by supply and demand.
Security Deposit No statutory cap in West Virginia. Return within 60 days of end of tenancy or 45 days of new tenant occupancy, whichever is shorter, with written itemized deductions (WV Code §37-6A-2).
Late Fees No statutory cap. Must be specified in the lease. Reasonable late fees are enforceable as written under WV law.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30).
Braxton County Magistrate Court 307 Main Street, Suite 205, Sutton, WV 26601. Clerk: Sharon Yost — (304) 765-7362 / Fax: (304) 765-2612. Magistrates: John Eric Skidmore · Mary Beth Smith — (304) 765-2520 or (304) 765-5678 / Fax: (304) 765-3756. Braxton County is part of the 14th Judicial Circuit with Clay, Gilmer, and Webster Counties. Two magistrates serve the county.
Eviction Filing Process File Form MLTPTWR (Petition for Summary Relief — Wrongful Occupation) at Magistrate Court. Bring lease, any notices served, rent ledger, and photo ID. Filing fee $50–$70 plus service fees. Sheriff serves summons; tenant has 5 days to answer. After judgment, Writ of Possession executed by Braxton County Sheriff. No self-help evictions (WV Code §55-3A-3).
Flatwoods / I-79 Note The Flatwoods interchange at I-79 Exit 67 is the county’s primary commercial node. Rental properties near Flatwoods draw from a somewhat different tenant pool (interstate commercial, hospitality, and service workers) than more rural county locations. All properties in Braxton County regardless of location file evictions at the same Magistrate Court in Sutton.
Legal Aid Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Braxton County Commission: (304) 765-2833. Magistrate Clerk: (304) 765-7362.

Last verified: March 2026 · Source: Braxton County Magistrate Court — WV Judiciary

🏛 Courthouse Finder

🏛️ Courthouse Information and Locations for West Virginia

💵 Cost Snapshot

💰 Eviction Costs: West Virginia
Filing Fee 50
Total Est. Range $75-$200
Service: — Writ: —

West Virginia State Law Framework

⚡ Quick Overview

0
Days Notice (Nonpayment)
0
Days Notice (Violation)
14-30
Avg Total Days
$50
Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type Notice to Pay or Quit
Notice Period 0 days
Tenant Can Cure? No
Days to Hearing 5-10 days
Days to Writ 5 days
Total Estimated Timeline 14-30 days
Total Estimated Cost $75-$200
⚠️ Watch Out

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.

Underground Landlord

📝 West Virginia Eviction Process (Overview)

  1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
  2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
  3. File an eviction case with the Magistrate Court. Pay the filing fee (~$50).
  4. Tenant is served with a summons and has the opportunity to respond.
  5. Attend the court hearing and present your case.
  6. If you prevail, obtain a writ of possession from the court.
  7. 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.
🐛 See an error on this page? Let us know
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🔍 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.
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🔎 Notice Calculator

📋 Notice Period Calculator

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.
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🏠 Screening Tips

Braxton County’s best tenants are county and school employees, hospital workers, and steady tradespeople. Remote workers are an emerging tenant class — the county’s 2024 broadband expansion initiative is actively recruiting them. I-79 access at Flatwoods makes this a viable remote-work location for Charleston and Clarksburg commuters. Screen carefully for income documentation. WV has no grace period. Magistrate Court: 307 Main Street, Sutton — 2 magistrates.

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports.

Braxton County West Virginia Landlord Guide: Renting at the Heart of the Mountain State

Braxton County occupies a distinction that few counties in any state can claim: it is the geographic center of West Virginia. In 2010, the Census Bureau identified northern Braxton County as the population center of the entire state. That centrality is more than cartographic curiosity — it shapes the county’s character as a quiet, self-sufficient community at the convergence of multiple river drainages and mountain ridges, connected to the rest of the state by US-19 running north-south through Sutton and by I-79 at the Flatwoods interchange. For landlords, the county offers extremely affordable acquisition costs, a stable if modest tenant pool, and the WV Magistrate Court eviction process that is among the most landlord-friendly in the region.

Sutton, the county seat, is a small town of just over 1,100 people along the Elk River, surrounded by the rolling Allegheny Plateau terrain that defines central West Virginia. Gassaway, the county’s second community of note, sits a few miles south along the Elk River and developed historically around railroad and timber operations. Burnsville and Flatwoods round out the county’s incorporated communities. Flatwoods, despite its modest size, carries disproportionate commercial weight as the site of the I-79 Exit 67 interchange — the county’s connection to West Virginia’s primary north-south interstate corridor and the location of most of the county’s chain retail, hotel, and commercial services.

The Braxton County Tenant Pool

Braxton County’s workforce is anchored by three sectors. Education and health services represent nearly 25% of county employment — Braxton County Schools and Braxton County Memorial Hospital are the primary institutional employers and produce the county’s most stable tenants. Retail trade accounts for about 15% of employment, centered on the Flatwoods interchange. Construction trades represent approximately 13%, supplying a class of working tenants who tend to be reliable payers but more mobile, following project work across the region.

The county’s median household income sits around $44,449, with a per capita income of approximately $31,292 — well below state and national averages. The poverty rate is approximately 20%, meaning a meaningful portion of the rental population depends on federal housing assistance. Section 8 vouchers are present in the Braxton County market, and landlords who participate in the voucher program can access federally guaranteed payment streams in a market where private-pay income can be inconsistent.

One emerging tenant profile worth noting is the remote worker. Braxton County’s 2024 Digital Equity Plan explicitly targeted broadband expansion and digital literacy as economic development tools, with the goal of attracting remote workers to the county. The I-79 corridor makes Braxton County accessible to Charleston (about 67 miles southwest via Yeager Airport) and Clarksburg (about 61 miles northeast via North Central WV Airport). As broadband infrastructure improves, landlords in well-maintained properties along US-19 or near the I-79 interchange may find an expanding pool of remote-working tenants willing to pay above-market rents for quality housing in a low-cost, high-quality-of-life rural setting.

Elk River and Outdoor Recreation as a Rental Driver

The Elk River running through Sutton and Gassaway, along with Sutton Lake (a US Army Corps of Engineers impoundment just above Sutton), creates modest but real outdoor recreation-driven rental demand. Sutton Lake is a popular fishing and boating destination. The Elk River below Sutton Dam is renowned among fly fishermen for its cold-water trout fishery — one of the few quality trout streams in central WV outside of the mountains. This amenity draws seasonal visitors and, at the margins, tenants who choose Braxton County specifically for recreational access. It is not a dominant rental driver, but it adds a layer of demand that purely agricultural or post-industrial counties nearby do not have.

Filing Evictions at Braxton County Magistrate Court

Braxton County Magistrate Court is located at 307 Main Street in Sutton, Suite 205. Clerk Sharon Yost handles civil filings at (304) 765-7362. Two magistrates — John Eric Skidmore and Mary Beth Smith — serve the county. With a small county population and two magistrates, hearing availability should be reasonable, though calling ahead to confirm current scheduling before filing is always recommended.

West Virginia’s eviction framework works clearly in landlords’ favor. For nonpayment of rent, no waiting period is required before filing a Petition for Summary Relief for Wrongful Occupation (Form MLTPTWR). Issuing a written 5-day courtesy notice before filing is standard practice and good documentation. For lease violations, a written cure-or-quit notice with a 10-to-30-day cure window is advisable before filing. Filing fees run $50 to $70 plus service fees for the sheriff. After filing, the tenant has five days from service to respond. Wrongful occupation cases are treated as expedited proceedings under WV Magistrate Court rules, which keeps hearings moving. After a judgment in the landlord’s favor, the Braxton County Sheriff executes the Writ of Possession.

One practical note specific to Braxton County’s geography: properties in the more remote corners of the county — along the upper Elk River tributaries, in the Birch River area, or in western Braxton near the Gilmer County line — may face longer sheriff service times due to road conditions and travel distances. This is not unique to Braxton County among central WV counties, but it is worth factoring into your timeline expectations when filing.

West Virginia’s security deposit rules require return within 60 days of tenancy end or 45 days of new occupancy, whichever is shorter, with a written itemized accounting of any deductions. No statutory cap applies to the deposit amount itself. In a market with modest rents, documentation of property condition at every turnover is especially important — disputes over deposits in low-rent markets can be contentious precisely because the deposit represents a significant share of tenant savings.

Contact Magistrate Clerk Sharon Yost at (304) 765-7362 for current filing procedures. Legal Aid of West Virginia is reachable at 1-866-255-4370.

🗺️ Neighboring Counties
⚠️ 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 Braxton County Magistrate Court: 307 Main Street, Suite 205, Sutton, WV 26601 — (304) 765-7362. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

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