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.
Marshall County is part of the Northern Panhandle, a narrow strip of West Virginia that runs between Ohio and Pennsylvania along the Ohio River. The county seat of Moundsville — population roughly 8,000 — is a small industrial river city named for the Grave Creek Mound, one of the largest prehistoric burial mounds in North America. The county has a population of approximately 30,000 and an economy that reflects the Northern Panhandle’s broader transition from heavy industry toward a mix of energy production, services, and modest manufacturing.
The West Virginia Penitentiary in Moundsville — a Victorian-era Gothic prison that operated from 1876 until 1995 — has been converted into one of the more successful heritage tourism venues in the state, drawing visitors for ghost tours, historical events, and overnight experiences. While this doesn’t directly drive residential rental demand, it has contributed to Moundsville’s identity as a tourism destination and brought modest economic activity to the downtown. Moundsville Economic Development has worked to attract light manufacturing and logistics to the county’s river corridor.
The Marcellus and Utica shale natural gas formations under the Northern Panhandle region have made Marshall County part of the broader Appalachian Basin energy economy. Pipeline infrastructure, compression stations, and midstream operations associated with regional gas production have brought some industrial employment to the county over the past decade. This energy sector presence creates a secondary rental demand from workers and contractors involved in ongoing infrastructure projects, though the workforce is often transient and may prefer short-term accommodations to long-term leases.
Rental Market Conditions
Marshall County rents sit in the low-to-moderate range. One-bedroom units in Moundsville typically rent in the $550–$750 range; two-bedroom homes or apartments run approximately $700–$950 per month. The county’s proximity to Wheeling (Ohio County, roughly 15 miles north) means some residents commute to Wheeling for employment, and the Wheeling metro rental market exerts some upward influence on prices in the northern part of Marshall County. The county’s aging housing stock — much of it built during the industrial era — means maintenance demands can be higher than in newer markets, and landlords should budget accordingly.
Filing an Eviction in Marshall County Magistrate Court
Evictions in Marshall County are filed at the Magistrate Court, located at 511 Sixth Street, Moundsville, WV 26041. Magistrate Clerk Christopher M. DeMuth can be reached at (304) 221-2701; fax (304) 845-1740. Three magistrates serve Marshall County: Magistrate Zachary B. Allman (304-845-4602), Magistrate Mark A. Kerwood (304-845-4608), and Magistrate Tom Wood (304-845-5752).
Evictions proceed using Form MLTPTWR (Petition for Summary Relief for Wrongful Occupation of Residential Rental Property), available at courtswv.gov. No advance notice is required before filing for nonpayment. For lease violations, issue a written cure notice of 10 to 30 days before filing. After filing, the Marshall County Sheriff serves the summons; the tenant has five days to respond. The Sheriff executes the Writ of Possession after judgment for the landlord. West Virginia has no rent control, no cap on security deposits, and no county-level rental licensing in Marshall County. Deposits must be returned with written itemization within 60 days of lease end or 45 days of new occupancy, whichever is sooner. Month-to-month tenancies require 30 days’ written notice to terminate. For court procedures, contact (304) 221-2701. 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 Marshall County Magistrate Court: 511 Sixth Street, Moundsville, WV 26041 — (304) 221-2701. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
