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.
Hampshire County holds a quiet distinction: its county seat of Romney is the oldest town in West Virginia, incorporated in 1762. That history shapes the character of the place — a compact river valley community of about 1,900 people that serves the agricultural and rural population spread across 642 square miles of the South Branch Potomac River drainage. The county as a whole is home to approximately 23,000 residents, making it a mid-sized rural county in the Eastern Panhandle, wedged between the more dynamic growth corridors of Berkeley and Jefferson counties to the east and the deep mountain counties of Hardy and Pendleton to the west.
The county economy is agricultural and service-based. Cattle farming, poultry operations, and apple orchards define the rural landscape. Romney is the institutional center, home to the West Virginia Schools for the Deaf and the Blind — an institution with roots in the 1860s that remains one of the larger employers in the county. Hampshire County schools, county government, and healthcare services round out the employment base. There is no major private-sector employer anchoring the county economy, which means the rental market draws primarily from local workers and, increasingly, from commuters.
The Commuter Dynamic
Hampshire County’s location makes it relevant to a commuter rental dynamic, though it is more attenuated than in Berkeley or Jefferson counties. Winchester, Virginia, lies roughly 40 miles to the east via US-50 — a meaningful drive but one that some cost-conscious workers from the Winchester metro area are willing to make for significantly lower housing costs. This commuter stream is modest compared to the volumes Berkeley County absorbs, but it does add a segment of renters whose housing decisions are driven by regional price comparisons rather than local employment.
Rental pricing in Hampshire County reflects its rural character. One-bedroom apartments in Romney run approximately $500–$700 per month. Two-bedroom units typically rent for $650–$900. Single-family homes in town or in the surrounding valley communities — Capon Bridge, Augusta, Springfield — may range from $750 to $1,100 depending on size and condition. These are among the more affordable rents in the Eastern Panhandle region, and for investors comfortable with the lower rent ceiling, the cost basis on Hampshire County properties is correspondingly modest.
The South Branch Valley Railroad, now preserved as a heritage railway, runs through the county and adds a small tourism dimension. Capon Bridge, in the western part of the county near the Hardy County line, serves as a secondary commercial node. Lord Fairfax Community College has a site in the area as well, though its impact on the rental market is more limited than a residential campus would be. The county has no municipal rental licensing requirements, consistent with West Virginia’s statewide lack of rental licensing at the county level.
Filing an Eviction in Hampshire County Magistrate Court
Eviction filings in Hampshire County are processed at the Magistrate Court, located at the Hampshire County Judicial Center, 50 South High Street, Suite 3, Romney, WV 26757 (P.O. Box 881). Magistrate Clerk Christie D. Davis can be reached at (304) 822-4311; fax (304) 822-3981. Two magistrates serve the county: Magistrate Ronald J. DiCiolla and Magistrate Gregory D. Kesner, both reachable at (304) 822-4228. The Judicial Center also houses the Circuit Court, sharing the same building at 50 South High Street.
Evictions in West Virginia use Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — available at courtswv.gov. For nonpayment of rent, no advance notice to the tenant is required before filing. For lease violations, issuing a written notice with a cure period of 10 to 30 days before filing is strongly recommended for documentation purposes. After filing, the Hampshire County Sheriff serves the summons. The tenant has five days to file a written response. Uncontested cases may be resolved quickly; contested matters receive a scheduled hearing. The Sheriff executes any Writ of Possession following a judgment in the landlord’s favor.
Hampshire County Magistrate Court handles a relatively light eviction docket by West Virginia standards — the combination of small population and low tenant turnover in a stable rural county means filings are less frequent than in urban or high-growth areas. This can mean slightly more individualized attention from court staff but also less predictability in scheduling. Calling the court clerk before your first filing is advisable to understand current wait times and any procedural preferences.
Key WV Landlord-Tenant Rules
West Virginia imposes no cap on security deposits. In Hampshire County’s rental market, one month’s rent is the standard deposit. The deposit must be returned within 60 days of the end of tenancy, or 45 days of a new tenant moving in, whichever is sooner, accompanied by a written itemized statement of any deductions. Month-to-month leases require 30 days’ written notice from either party to terminate. Entry for inspections or repairs requires 24 hours’ written advance notice except in genuine emergencies. Self-help eviction — changing locks, removing belongings, or disrupting utilities to force out a tenant — is illegal under WV Code 55-3A-3 and exposes landlords to significant liability.
West Virginia has no statewide rent control, and there is no rent control in Hampshire County. There is no statewide or county-level residential rental licensing requirement. For questions about court procedures, contact Christie D. Davis at (304) 822-4311. Legal Aid of West Virginia statewide: 1-866-255-4370.
🏛️ 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 Hampshire County Magistrate Court: 50 South High Street, Suite 3, Romney, WV 26757 — (304) 822-4311. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
