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.
Hardy County occupies the South Branch Potomac River corridor in the central section of West Virginia’s Eastern Highlands — a valley agriculture and outdoor recreation county that is less well known than its neighbors but has a distinct economic identity. The county seat of Moorefield, population approximately 2,500, is the commercial and institutional center for a surrounding area of farms, forests, and river bottomlands. With a total county population around 14,000, Hardy is a small rural county with a stable, agriculture-defined economy anchored by the poultry processing industry.
Poultry is the defining industry of the Hardy County economy in a way that is not true of most WV counties. Pilgrim’s Pride (formerly Pilgrim’s) operates a major poultry processing plant in Moorefield that has long been one of the county’s largest employers. The plant and its supplier network draw a significant agricultural workforce, including a substantial Hispanic population that has settled in Moorefield and surrounding communities over the past two to three decades. This demographic shift has meaningfully shaped both the community character and the rental market.
Rental Market Dynamics
Hardy County’s rental market is heavily concentrated in and around Moorefield, with some rental activity in Wardensville (a small community in the western part of the county near the Hampshire County line) and along the main valley corridors. Rents are modest: one-bedroom units in Moorefield typically rent in the $500–$700 range; two-bedroom units run approximately $650–$900. Multi-family properties serving the processing plant workforce are a meaningful segment of the market. Demand from poultry industry workers tends to be steady given the plant’s continuous operation, though turnover in that workforce can also be higher than in professional employment sectors.
The recreational economy adds a secondary dimension. Lost River State Park, located in the county, draws visitors and some second-home interest. Seneca Rocks National Recreation Area, technically in neighboring Pendleton County, is easily accessible from Hardy County and the surrounding area is a significant outdoor destination — hiking, rock climbing, kayaking, and hunting bring visitors through Moorefield. Some property owners have pursued short-term vacation rentals in the more scenic areas of the county, though the primary residential rental market is anchored by the local employment base.
One practical consideration for Hardy County landlords is that the agricultural worker tenant population may include individuals who are less familiar with WV-specific lease terms and landlord-tenant law. Clear lease agreements in accessible language — and in the tenant’s primary language where possible — reduce misunderstandings and make the relationship smoother for both parties. West Virginia’s landlord-tenant statute applies equally to all residential tenants regardless of immigration status or employment type.
Filing an Eviction in Hardy County Magistrate Court
Evictions in Hardy County are filed at the Magistrate Court, located at 204 Washington Street, Moorefield, WV 26836. Magistrate Clerk Diana Shoemaker can be reached at (304) 530-0212; fax (304) 530-0213. Two magistrates serve the county: Magistrate Craig A. Hose at (304) 530-0211 and Magistrate Shawna Crites at (304) 530-0210.
West Virginia evictions for residential property use 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 of rent under West Virginia law — a landlord may file immediately after rent is unpaid. For lease violations, a written cure notice of 10 to 30 days before filing is prudent and creates favorable documentation. After filing, the Hardy County Sheriff serves the summons on the tenant. The tenant has five days to file a written response. Matters not answered or resolved proceed to Writ of Possession after the magistrate rules. The Sheriff executes the writ.
Key WV Landlord-Tenant Requirements
West Virginia imposes no cap on security deposits. One month’s rent is the standard in Hardy County. Deposits must be returned with a written itemized statement of deductions within 60 days of lease termination, or 45 days of a new tenant’s occupancy, whichever is shorter. Month-to-month tenancies require 30 days’ written notice to terminate. Entry for repairs or inspections requires 24 hours’ written notice except in genuine emergencies (WV Code 37-6-30). Self-help eviction is illegal under WV Code 55-3A-3. West Virginia has no statewide rent control. Hardy County has no residential rental licensing program.
For questions about court scheduling or filing procedures, contact Diana Shoemaker at (304) 530-0212. Legal Aid of West Virginia statewide: 1-866-255-4370. WV State Bar Lawyer Referral: (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 Hardy County Magistrate Court: 204 Washington Street, Moorefield, WV 26836 — (304) 530-0212. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
