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.
Monroe County is one of the most rural and least populated counties in West Virginia, occupying the Allegheny Highlands along the Virginia border in the state’s southeastern corner. With approximately 13,000 residents spread across 473 square miles of mountain terrain, the county seat of Union — population roughly 800 — is a small courthouse town that serves the surrounding agricultural and residential community. Monroe County has no significant industrial base, no college or university, and limited commercial development. What it has instead is extraordinary natural scenery, a strong agricultural tradition, and a growing reputation as a destination for people seeking rural land and relative quiet within reasonable driving distance of the New River Gorge and the Greenbrier Valley.
The county’s economy rests on cattle farming, some timber, county government and services, and a modest tourism draw anchored by Moncove Lake State Park and the historic mineral springs heritage of the area. Sweet Springs and Salt Sulphur Springs were 19th-century resort destinations whose grand hotel buildings still stand as architectural reminders of an earlier era. The Virginia border proximity means some Monroe County residents work in Covington, Hot Springs, or other Virginia communities across the state line, adding a light cross-border commuter dimension to the housing market.
Rental Market Conditions
Monroe County’s rental market is extremely small and overwhelmingly rural. There are no apartment complexes, no multi-family developments of note, and very limited commercial rental inventory in Union or anywhere else in the county. The rental stock consists almost entirely of individual houses and small residential properties, most of them privately owned by local landlords with small portfolios. Rents are very low by any measure — one-bedroom units where available run in the $400–$550 range; two-bedroom homes typically rent for $500–$725 per month. Demand is modest and steady rather than competitive.
The tenant base is almost entirely local: county employees, agricultural workers, school system personnel, and residents employed in the limited retail and services sector in and around Union. Healthcare access is limited in Monroe County itself — most medical care is sought in Lewisburg (Greenbrier County) or across the Virginia border. This reality constrains the professional tenant pool somewhat and means that the county’s rental market will likely remain small and local-character for the foreseeable future.
One segment worth noting: the growing interest in rural land and off-grid or semi-rural living that has driven some migration to remote Appalachian counties during and after the pandemic has touched Monroe County to a degree. Some new residents — remote workers, retirees, and back-to-the-land buyers — have moved into the county, mostly as buyers rather than renters. But this demographic shift has introduced a small number of newer, often out-of-state landlords who rent properties they own in Monroe County while living elsewhere. These landlords benefit particularly from understanding WV’s landlord-tenant framework clearly, since they may be accustomed to different legal regimes in their home states.
Filing an Eviction in Monroe County Magistrate Court
Evictions in Monroe County are filed at the Magistrate Court, located at 500 Main Street (P.O. Box 4), Union, WV 24983. Magistrate Clerk Jeanne Gullette can be reached at (304) 772-3321; fax (304) 772-4357. Two magistrates serve Monroe County: Magistrate Frank Basile and Magistrate Kevin L. Miller, both reachable at (304) 772-3176. The Circuit Court shares the same courthouse complex at P.O. Box 350, Main Street, Union, WV 24983; Circuit Clerk Daniel Tickle at (304) 772-3096 ext. 4.
West Virginia evictions use Form MLTPTWR — the 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 WV law. A written 5-day notice before filing is standard courtesy practice and creates documentation. For lease violations, a written cure notice of 10 to 30 days is advisable before filing. After filing, the Monroe County Sheriff serves the summons on the tenant. The tenant has five days to respond in writing. Uncontested matters can resolve quickly in a small two-magistrate county; contested cases receive a scheduled hearing. The Sheriff executes the Writ of Possession after the magistrate rules for the landlord. Typical timeline: two to five weeks.
West Virginia imposes no cap on security deposits. One month’s rent is standard in Monroe County. Deposits must be returned with a written itemized statement of deductions within 60 days of lease end, or 45 days of new tenant 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 emergencies. Self-help eviction is illegal under WV Code 55-3A-3. No rent control; no county rental licensing. For court procedures, contact Jeanne Gullette at (304) 772-3321. Legal Aid of West Virginia: 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 Monroe County Magistrate Court: 500 Main Street, Union, WV 24983 — (304) 772-3321. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
