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.
Greenbrier County occupies a singular position in the West Virginia real estate landscape. It is home to Lewisburg — arguably the most culturally vibrant small city in the state — and to The Greenbrier, the legendary resort property at White Sulphur Springs that has hosted presidents and heads of state for nearly two and a half centuries. This combination of refined small-city character, resort employment, outdoor recreation, and Appalachian rural heritage creates a rental market unlike anywhere else in West Virginia.
Lewisburg, the county seat with a population around 4,000, punches well above its weight culturally. Carnegie Hall — a performing arts and community center — anchors a downtown that features independent restaurants, galleries, and boutiques. The West Virginia School of Osteopathic Medicine (WVSOM) is located in Lewisburg, injecting a steady stream of professional students and faculty into the local rental market. Greenbrier Valley Medical Center is the county’s largest conventional employer. Together, WVSOM and the medical center give Lewisburg a professional demographic that supports above-average rents for the region.
White Sulphur Springs, some 12 miles east of Lewisburg along I-64, is the home of The Greenbrier. The resort employs approximately 1,500 to 2,000 workers depending on the season, making it the dominant employer in that part of the county. Resort employment tends toward service-sector wages, and the workforce housing market around White Sulphur Springs reflects this. Rents are modest, supply is often tight, and landlords serving the resort workforce can expect reliable year-round demand, though tenant income levels are lower than the professional segment in Lewisburg proper.
Rental Market Conditions and Pricing
Greenbrier County rent levels are split by geography. In Lewisburg, one-bedroom units typically rent for $750–$950 per month; two-bedrooms run $950–$1,250. The WVSOM student market supports reliable demand for smaller units near campus. In White Sulphur Springs, rents are 20 to 30 percent lower. Rural areas of the county — which encompass most of its 1,024 square miles — have even more modest rental pricing, with limited inventory of rentable properties. The Greenbrier River Trail corridor, running 77 miles through the county, generates some short-term vacation rental demand, but the primary residential rental market is distinct from that segment.
The county’s outdoor amenities — Greenbrier River Trail, Seneca State Forest, Watoga State Park (the largest state park in WV) — contribute to a growing second-home and retirement migration from urban Mid-Atlantic areas. This trend has gradually supported home values and rental demand in the Lewisburg area. Investors purchasing rental properties in the county should factor in this demographic tailwind, while being realistic that the overall market size remains small compared to urbanized WV counties.
Filing an Eviction in Greenbrier County Magistrate Court
Eviction filings in Greenbrier County are processed at the Magistrate Court, located at 912 Court Street North, Suite 13, Lewisburg, WV 24901. Magistrate Clerk Jennifer Vance can be reached at (304) 647-6632. Three magistrates serve the county: Magistrate Kirby Hanson (ext. 315), Magistrate Kimberly Johnson (ext. 304), and Magistrate Timothy Stover (ext. 303). The main fax line is (304) 647-6660.
Evictions proceed under the West Virginia Wrongful Occupation statute using Form MLTPTWR (Petition for Summary Relief for Wrongful Occupation of Residential Rental Property), available at courtswv.gov. No mandatory pre-filing notice is required for nonpayment of rent — the landlord may file on the day rent is unpaid. For lease violations, a written notice with a cure opportunity (10 to 30 days) before filing is the recommended best practice and creates favorable documentation if the matter is contested.
After the petition is filed and the Sheriff serves the summons, the tenant has five days to file a written answer. Uncontested cases can move to possession quickly; contested matters receive a hearing. The Sheriff executes the Writ of Possession after a judgment in the landlord’s favor. In Greenbrier County, with three magistrates and a mid-sized docket, the typical timeline from filing to possession runs three to five weeks. WVSOM student tenants, it should be noted, are subject to the same WV landlord-tenant statutes as any other tenant — professional status does not alter the legal framework.
Security Deposits and Practical Property Management
West Virginia imposes no cap on security deposits. In the Lewisburg professional rental market, deposits of one to two months’ rent are reasonable and common. The mandatory return window is 60 days from lease termination (or 45 days from new tenant occupancy, whichever is shorter), with a written itemized statement of any deductions. Failure to comply risks the landlord forfeiting the right to retain any portion of the deposit. A thorough move-in inspection process — written checklist, photographs, tenant signature — is essential documentation for any deduction claim.
Entry for repairs or inspections requires 24 hours’ written notice to the tenant except in genuine emergencies (WV Code 37-6-30). Month-to-month tenancies require 30 days’ written notice to terminate. Self-help eviction methods are prohibited under WV Code 55-3A-3. West Virginia has no statewide rent control, and Greenbrier County has no rental licensing program.
For questions about current court procedures or scheduling, contact the Greenbrier County Magistrate Court at (304) 647-6632. Legal Aid of West Virginia is available statewide at 1-866-255-4370. WV State Bar Lawyer Referral Service: (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 Greenbrier County Magistrate Court: 912 Court Street North, Suite 13, Lewisburg, WV 24901 — (304) 647-6632. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
