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.
Jefferson County commands the premium end of the West Virginia rental market. Tucked into the Eastern Panhandle at the confluence of the Potomac and Shenandoah Rivers, this historic county of approximately 58,000 residents is one of only two WV counties that functions, in significant part, as a bedroom community for the Washington DC-Baltimore metropolitan area. The combination of spectacular natural scenery, Civil War history, active tourism, and proximity to high-wage federal employment makes Jefferson County the closest thing West Virginia has to a suburban-DC real estate market — and its rents reflect that reality.
Charles Town, the county seat with roughly 6,000 residents, is the commercial and governmental hub. The Hollywood Casino at Charles Town Races is one of the county’s largest private employers, drawing gaming and hospitality workers from across the region. Shepherd University, located in neighboring Shepherdstown, anchors the local higher education rental market. Harpers Ferry National Historical Park, a national landmark at the rivers’ confluence, draws over 300,000 visitors annually and contributes to both the tourism economy and local retail employment. The county also benefits from a significant horse racing heritage — Charles Town has been a racing town since the 18th century.
The DC Commuter Premium
Jefferson County and neighboring Berkeley County share the Eastern Panhandle commuter dynamic, but Jefferson tilts even more strongly toward the DC employment base. The MARC Brunswick Line rail service connects Harpers Ferry and Martinsburg to Washington DC’s Union Station — making Jefferson County the westernmost point served by DC commuter rail. For workers employed in Northern Virginia or DC who cannot afford or are unwilling to pay metro-area rents, Jefferson County rents look remarkably attractive despite being the highest in West Virginia by a meaningful margin.
Rent levels in Jefferson County reflect this premium positioning. One-bedroom apartments in Charles Town and Ranson typically run $950–$1,200 per month. Two-bedroom units range from $1,200 to $1,600 or more in desirable locations. Single-family home rentals near commuter access points can command $1,700–$2,200 per month. HUD Fair Market Rent for a two-bedroom in the area is among the highest of any WV county. Shepherdstown, adjacent to the university, has a well-defined student and faculty rental market with strong year-round demand. The Ranson area — effectively Charles Town’s commercial neighbor — has seen significant apartment complex development in recent years driven by commuter demand.
Jefferson County landlords benefit from the same dynamics that make the market expensive: tight vacancy, high-income tenant pool, and demand that consistently outpaces new housing supply. The trade-off is that tenant expectations are correspondingly higher — renters paying premium Jefferson County rents expect properties to be well-maintained, professionally managed, and responsive to maintenance requests. This is not a market where deferred maintenance or informal management goes unnoticed or unchallenged.
Filing an Eviction in Jefferson County Magistrate Court
Evictions in Jefferson County are filed at the Magistrate Court, located at 110 North George Street (P.O. Box 607), Charles Town, WV 25414. Magistrate Clerk Shayna Mason can be reached at (304) 728-3233, ext. 342; fax (304) 728-3235. Four magistrates serve Jefferson County: Magistrate Vicki Y. D’Angelo, Magistrate Lisa Fraley, Magistrate Arthena Roper, and Magistrate Ralph Lorenzetti. The court is open Monday through Friday, 7:30 a.m. to 4:30 p.m., with a lunch closure from noon to 1:00 p.m. No cell phones or recording devices are permitted in the Judicial Center.
West Virginia evictions use Form MLTPTWR — the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property — available at courtswv.gov. No mandatory pre-filing notice is required for nonpayment cases under WV law. A 5-day courtesy notice is standard practice for experienced Jefferson County landlords. For lease violations, a written cure notice with a reasonable timeframe (10 to 30 days) before filing is strongly recommended. Jefferson County landlords should be aware that some tenants — particularly those accustomed to the tenant-protection frameworks of Maryland or Virginia — may assume WV has similarly strong tenant rights. West Virginia is comparatively landlord-friendly. The governing law for any rental property in Jefferson County is WV Code Chapter 37, regardless of where the landlord or tenant has previously lived.
After filing, the Jefferson County Sheriff serves the summons. The tenant has five days to respond. Contested matters receive a hearing; uncontested matters may resolve more quickly. The Writ of Possession is executed by the Sheriff following a judgment for the landlord. With four magistrates serving a county of 58,000, scheduling is efficient but the docket is busier than in smaller counties. Typical timeline: two to four weeks for uncontested nonpayment matters.
Security Deposits in a Premium Market
West Virginia imposes no cap on security deposits. In Jefferson County’s premium market, two months’ rent is a reasonable and defensible deposit standard on higher-rent properties. On a $1,400/month unit, a $2,800 deposit provides meaningful financial protection. The deposit must be returned within 60 days of lease termination, or 45 days of a new tenant’s move-in, whichever is sooner — with a written, itemized statement of any deductions. Failure to comply is a statutory violation regardless of the legitimacy of the underlying deductions. Thorough move-in documentation is essential: inspection report, photographs, tenant signature.
Month-to-month tenancies require 30 days’ written notice to terminate (WV Code 37-6-5). 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 rent control. Jefferson County has no residential rental licensing program. For current filing information, contact Magistrate Clerk Shayna Mason at (304) 728-3233, ext. 342. Legal Aid of West Virginia: 1-866-255-4370.
🏛️ 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 Jefferson County Magistrate Court: 110 North George Street, Charles Town, WV 25414 — (304) 728-3233. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
