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.
Mercer County is the commercial and institutional hub of southern West Virginia, a county of approximately 58,000 residents anchored by the city of Bluefield and the county seat of Princeton. The Bluefield metro area — which straddles the West Virginia-Virginia state line, with Bluefield, WV and Bluefield, VA functioning as a single economic community — is the largest population center in the southern coalfields. The I-77/I-64 interchange at Princeton gives the county exceptional interstate access for its region, connecting it to Charleston to the north and the North Carolina foothills to the south via the Appalachian Corridor.
Concord University, located in Athens (a small community in the eastern part of the county), is one of the county’s most significant rental demand drivers. Concord enrolls roughly 2,000 to 2,500 students and generates steady demand for off-campus housing in Athens and the surrounding area. Princeton is the county seat and the larger commercial center, with Bluefield Regional Medical Center serving as the county’s major healthcare employer. The WV Turnpike passes through the county, and the interchange at Princeton has attracted retail and logistics development. Mercer County sits in a better economic position than its southern coalfield neighbors — McDowell, Wyoming, Mingo — though it has not been immune to regional population decline and economic challenges.
Rental Market Conditions and the State Line Factor
Mercer County rents are moderate by WV southern coalfield standards. In Princeton and Bluefield, one-bedroom units typically rent in the $600–$800 range; two-bedroom homes or apartments run approximately $750–$1,000. Near Concord University in Athens, rents for student-targeted properties are broadly comparable, with demand peaking before each fall semester. The Bluefield/Princeton area has a sufficiently diverse employment base — healthcare, retail, education, services — to sustain a functioning rental market despite broader regional population trends.
The state-line aspect of the Bluefield market is worth understanding for landlords. Bluefield, VA and Bluefield, WV are distinct municipalities in different states with different legal frameworks governing landlord-tenant relations, but they share a contiguous downtown and a single economic identity. Tenants from Virginia who move to WV Bluefield — whether for cost reasons or housing availability — may carry assumptions from Virginia law (which is generally more tenant-protective than WV law) that don’t reflect the WV statutory framework. West Virginia law governs all rental property in Mercer County regardless of where the tenant previously lived. Landlords should ensure their leases clearly state that WV Code Chapter 37 is the governing law.
Filing an Eviction in Mercer County Magistrate Court
Evictions in Mercer County are filed at the Magistrate Court, located at 120 Scott Street, Suite 103, Princeton, WV 24740. Magistrate Clerk Karmin Richmond can be reached at (304) 431-7115; fax (304) 425-6106; magistrates’ fax (304) 425-8063. Four magistrates serve Mercer County: Magistrate Keith T. Compton (304-325-3774), Magistrate Michael Crowder (304-431-7119), Magistrate Michael D. Flanigan (304-431-7117), and Magistrate William Frank Holroyd (304-431-7118).
Evictions proceed using 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; a written 5-day courtesy notice is standard practice. For lease violations, a written cure notice of 10 to 30 days is advisable before filing. After filing, the Mercer 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 imposes no cap on security deposits; deposits must be returned with written itemization within 60 days of lease end or 45 days of new occupancy. Month-to-month tenancies require 30 days’ written notice. Self-help eviction is illegal. No rent control; no county rental licensing. For court procedures, contact Karmin Richmond at (304) 431-7115. Legal Aid of West Virginia: 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 Mercer County Magistrate Court: 120 Scott Street, Suite 103, Princeton, WV 24740 — (304) 431-7115. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
