#1 Landlord Community
⚖️ Eviction Laws
🔄 Compare Evictions
📚 State Laws
🔎 Search Laws
🏛 Courthouse Finder
⏱ Timeline Tool
📖 Glossary
📊 Scorecard
💰 Security Deposits
🏠 Back to Legal Resources Hub
🏠 Law-Buddy
🏠 Compare State Laws
🏠 Quick Eviction Data
🔎 Notice Calculator
🔎 Cost Estimator
🔎 Timeline Calculator
🔎 Eviction Readiness
💰 Full Landlord Tenant Laws
Fayette County West Virginia
Fayette County · West Virginia

Fayette County Landlord-Tenant Law

West Virginia landlord guide — Magistrate Court, eviction filing & New River Gorge rental rules

📍 Magistrate Court: 100 Church Street, Fayetteville, WV 25840
👥 Pop. ~40,000 — New River Gorge National Park & Preserve
⚖️ Fayette County Magistrate Court — 4 Magistrates
🏛 US-19 / I-64/77 / New River Gorge Bridge / Beckley MSA

Fayette County Rental Market Overview

Fayette County is home to the New River Gorge National Park and Preserve — West Virginia’s 63rd national park, designated in 2020 — and one of the most rapidly evolving rental markets in the state. The county’s 2020 population of approximately 40,488 places it among WV’s mid-size counties, but its economic story is increasingly shaped by tourism, outdoor recreation, and an influx of out-of-state buyers and remote workers drawn by the national park designation. The New River Gorge Bridge, the longest single-span steel arch bridge in the Western Hemisphere, is the county’s defining landmark. Tourism is the county’s primary employer, with more than a million visitors annually. Hotel occupancy tax collections in Fayetteville alone rose from $108,639 in 2020 to $408,644 in 2025 — nearly a fourfold increase in five years.

Residential rents vary widely — from $650–$1,200/month for long-term housing, with short-term vacation rental rates substantially higher near the gorge. Evictions are filed at Fayette County Magistrate Court, 100 Church Street, Suite 3, Fayetteville. Clerk: Erin Akers — (304) 574-4279. Four magistrates serve the county.

📊 Quick Stats

Magistrate Court 100 Church Street, Suite 3, Fayetteville, WV 25840
Magistrate Clerk Erin Akers — (304) 574-4279
Magistrates (4) Jeffries (304-574-4285) · Pannell (304-574-4287) · Parsons (304-574-4283) · Young (304-574-4281)
Population ~40,000 (2025 est.) — Beckley, WV MSA
Region South-Central WV — New River Gorge / I-64/77 / US-19
Key Communities Fayetteville (county seat), Oak Hill (largest), Montgomery, Ansted, Mount Hope, Gauley Bridge
Major Employers Fayette County Schools, NPS (New River Gorge NP), Oak Hill Hospital, Montgomery General Hospital, Mount Olive Correctional Complex, WVA Manufacturing, tourism/hospitality
Long-Term Rents $650–$1,200/mo (varies significantly by location)
STR Note Short-term rentals near the gorge compete with long-term housing supply — WV has no STR regulation
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 Fayette County Sheriff executes; 5–10 days to vacate
Eviction Timeline 3–5 weeks typical (active 4-magistrate docket)
Abandoned Property Store 30 days, written notice, inventory required (WV Code §55-3A-3a)

Fayette County Ordinances & Local Rules

Topic Rule / Notes
Rental Licensing No state-mandated rental registration in West Virginia. No county-level registration required. Fayetteville, Oak Hill, Montgomery, and other municipalities may have local requirements — check with each municipality. Short-term rentals (Airbnb/VRBO) are not regulated by WV state law — no STR permit required at state level, though local municipal rules may apply. Contact Fayette County Commission: (304) 574-4226.
Rent Control None. West Virginia has no rent control statute. National park proximity and tourism-driven demand have pushed rents in gateway communities above historical norms, with no regulatory ceiling.
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 itemization (WV Code §37-6A-2).
Late Fees No statutory cap. Must be specified in the lease. Enforceable as written under WV law.
Entry Notice 24 hours written notice required except in emergencies (WV Code §37-6-30).
Fayette County Magistrate Court 100 Church Street, Suite 3, Fayetteville, WV 25840. Clerk: Erin Akers — (304) 574-4279 / Fax: (304) 574-4323. Four magistrates: Jeffries (304-574-4285), Pannell (304-574-4287), Parsons (304-574-4283), Young (304-574-4281). Hours: Mon–Fri 8:00 a.m.–4:00 p.m.
Eviction Filing Process File Form MLTPTWR at Magistrate Court, 100 Church Street. Bring lease, notices served, rent ledger, 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 Fayette County Sheriff. No self-help evictions (WV Code §55-3A-3).
Short-Term Rental Note WV does not regulate STRs at the state level. Fayette County has no county-level STR ordinance. STR operators using platforms like Airbnb or VRBO should collect and remit WV state sales tax and use tax on rental income. Check with Fayetteville or other municipality for any local requirements. STR guests are NOT residential tenants — eviction law does not apply to short-term lodging guests.
Legal Aid Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Fayette County Commission: (304) 574-4226. Magistrate Clerk: (304) 574-4279.

Last verified: March 2026 · Source: Fayette 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
Underground Landlord Underground Landlord
🔍 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.

Generate a Document → View AI Hub →

🔎 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.
Underground LandlordUnderground Landlord

🏠 Screening Tips

Fayette County’s best long-term tenant classes are school employees, NPS/park service staff, hospital workers at Oak Hill and Montgomery General, and corrections staff at Mount Olive. Remote workers from out-of-state are a rapidly growing tenant class near Fayetteville — verify income documentation carefully as remote work arrangements can change. Distinguish clearly between long-term leases and STR guests — eviction law only applies to residential tenants. 4 magistrates at 100 Church Street, Fayetteville.

Screen Every Applicant Before You Sign →

Background checks, eviction history, credit reports.

Fayette County West Virginia Landlord Guide: Gateway to the Gorge

When New River Gorge was elevated from a national river to a full national park in December 2020 — becoming America’s 63rd national park — it changed the trajectory of Fayette County’s rental market in ways that are still playing out. The designation brought national media attention, a surge in visitor interest, and an influx of out-of-state buyers and renters who had been visiting for rock climbing, rafting, and hiking and decided they wanted to stay. Fayetteville, the county seat and primary gateway community, has seen hotel occupancy tax revenues nearly quadruple between 2020 and 2025. Property values near the gorge have risen. Short-term rental listings have multiplied. And a genuine tension has emerged between the county’s long-standing resident population and the new economic forces reshaping what it costs to live here.

For landlords, this tension creates real opportunity alongside real complexity. Fayette County is no longer a simple rural WV market where rents are low, vacancies are high, and tenants are local. It is a market in active transition — and the decisions landlords make now about long-term versus short-term rentals, which communities to invest in, and how to price their units will have long consequences.

The Short-Term Rental Question

The most consequential choice facing Fayette County landlords near the gorge is whether to operate as a short-term or long-term rental. West Virginia imposes no state-level regulation on short-term rentals. Fayette County has no county-level STR ordinance. The practical result is that a property owner near the gorge can list on Airbnb or VRBO with minimal regulatory friction, and in a county that draws over a million visitors annually, nightly rates can substantially exceed what a long-term tenant would pay. Bridge Day alone — held annually on the third Saturday in October since 1980, attracting over 100,000 visitors to watch BASE jumpers leap from the New River Gorge Bridge — can generate a week’s revenue in a single weekend.

The trade-off is management intensity and long-term housing supply effects. STR operators manage cleaning, guest communication, maintenance, and turnover at a frequency that long-term landlords do not. Economists studying gateway communities have documented the “amenity trap” — the process by which tourism-driven STR growth reduces available long-term housing, driving up prices and displacing the working families, teachers, and healthcare workers who keep a community functional. Fayetteville residents and local advocates have raised exactly these concerns. For landlords with long-term investment horizons, the community’s long-term viability as a place people can actually afford to live in matters — not just as an ethical concern, but as a practical one that affects property values and tenant quality over time.

The Remote Worker Migration

West Virginia’s Ascend WV remote worker relocation program has actively marketed the New River Gorge region as a destination for remote workers seeking outdoor recreation access at a fraction of what they pay in coastal metros. The program offers financial incentives for relocation. Fayetteville has been rated among the coolest small towns in America by national publications. The result is a growing class of new Fayette County residents who work remotely for employers in other states, earn above-average incomes relative to local norms, and are seeking quality long-term rentals near the gorge.

This tenant class represents a significant opportunity for landlords with quality housing in or near Fayetteville. Remote workers who moved specifically for the outdoor recreation lifestyle tend toward multi-year tenancies — they came for the gorge, not for a job that might relocate them. Their incomes are typically verifiable via pay stubs or tax returns even if they work for out-of-state employers. The risk is that remote work arrangements are more fragile than traditional employment — a company’s return-to-office policy or a job loss can precipitate an abrupt departure. Verify employment stability, not just current income, when screening remote worker applicants.

The Traditional Employer Base

Beneath the tourism and remote worker story, Fayette County has an institutional employment base that provides long-term stable tenants. Fayette County Schools is the largest single employer. Oak Hill Hospital and Montgomery General Hospital are major healthcare employers. The Mount Olive Correctional Complex, West Virginia’s only maximum-security state prison, employs corrections officers and support staff who tend toward long, stable tenancies. The National Park Service employs rangers, maintenance workers, and administrative staff who often rent in the county year-round. WVA Manufacturing and Georgia Pacific’s lumber mill add industrial employment. These institutional tenants — teachers, healthcare workers, corrections staff, NPS employees — represent the foundation of the most predictable long-term rental portfolio in Fayette County.

Geographic Variation Within the County

Fayette County spans 668 square miles across dramatically varied terrain. The rental market in Fayetteville — the gorge gateway with the national park welcome center visible across the bridge — operates very differently from Oak Hill (the county’s largest city, more commercially developed), from Montgomery (a small college and industrial town on the Kanawha River), or from rural communities like Ansted and Mount Hope. Proximity to the gorge drives a premium in Fayetteville-area properties. Oak Hill offers a more traditional WV small-city market. Montgomery, home to West Virginia University Institute of Technology, has a student and faculty rental component. Landlords should not assume a single rent level or tenant pool applies across the county.

Filing Evictions in Fayette County

Fayette County Magistrate Court is located at 100 Church Street, Suite 3, in Fayetteville. Clerk Erin Akers handles civil filings at (304) 574-4279. Four magistrates — Jeffries, Pannell, Parsons, and Young — serve the county. With four magistrates, Fayette County has more hearing capacity than most WV counties, and the eviction docket moves at a reasonable pace. The WV eviction process is the same statewide: file Form MLTPTWR, pay $50–$70 plus service fees, the sheriff serves the summons, the tenant has five days to respond, hearings are scheduled as expedited proceedings. After judgment, the Fayette County Sheriff executes the Writ of Possession.

One distinction worth noting: STR guests who overstay their booking are NOT residential tenants and the Wrongful Occupation eviction process does not apply to them. A guest who refuses to leave a vacation rental after their booking ends is a lodging trespass matter, not a residential eviction. Landlords operating STRs who encounter this situation should contact local law enforcement rather than filing a Wrongful Occupation petition. The eviction process applies only to tenants with a residential lease or month-to-month tenancy.

Security deposits must be returned within 60 days of tenancy end or 45 days of new occupancy with a written itemized accounting. Contact Magistrate Clerk Erin Akers at (304) 574-4279. Legal Aid of West Virginia: 1-866-255-4370.

🗺️ Neighboring Counties
⚠️ Legal Disclaimer: General informational purposes only. Not legal advice. WV landlord-tenant law applies to residential tenants only — short-term rental guests (Airbnb/VRBO) are not residential tenants; eviction law does not apply to them. Evictions filed in Fayette County Magistrate Court: 100 Church Street, Suite 3, Fayetteville, WV 25840 — (304) 574-4279. Legal Aid of West Virginia: 1-866-255-4370. Last updated: March 2026.

Explore by State

ALAKAZARCACOCTDEDCFLGAHIIDILINIAKSKYLAMEMDMAMIMNMSMOMTNENVNHNJNMNYNCNDOHOKORPARISCSDTNTXUTVTVAWAWVWIWY

Click any state to explore resources