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.
Ohio County is home to Wheeling — West Virginia’s northernmost city and one of its most historically significant. Situated at the confluence of Wheeling Creek and the Ohio River, with I-70 and I-470 crossing directly through the city, Wheeling served for much of the 19th and early 20th centuries as a commercial and industrial gateway between the eastern seaboard and the expanding American interior. The Wheeling Suspension Bridge, completed in 1849, was for a time the longest suspension bridge in the world. The city was briefly the capital of West Virginia during the Civil War era. That layered history shows in Wheeling’s architecture, its neighborhoods, and its self-conception — a place with genuine urban character that has navigated post-industrial transition with more resilience than many comparable Appalachian cities.
Ohio County has a population of approximately 41,000, making Wheeling the largest city in the county and one of the larger cities in West Virginia. Wheeling University, West Liberty University (in neighboring Marshall County but with a significant Wheeling presence), and Wheeling Hospital anchor the healthcare and education employment base. The county’s location at the intersection of I-70 and I-470 gives it strong logistics and distribution sector presence. Oglebay Resort, a major regional destination operated by the City of Wheeling through a unique park authority, is one of the largest employers and draws visitors from a multi-state region. The Highlands commercial development along I-70 has brought significant retail and service employment to the eastern edge of the county.
Rental Market Conditions
Ohio County supports one of the more active rental markets in northern West Virginia, shaped by its urban character, institutional employment base, and the presence of several college and university populations. Wheeling University students and hospital workers drive demand in the North Wheeling and Centre Market neighborhoods near the Ohio River. The South Wheeling and Elm Grove areas offer more affordable suburban rentals. One-bedroom units in Wheeling typically rent for $600–$850 per month; two-bedroom homes or apartments run approximately $775–$1,050. The county’s older housing stock — much of it late 19th and early 20th century construction in the city neighborhoods — means that maintenance demands can be higher than in newer markets, and well-maintained properties command a meaningful premium.
Wheeling’s proximity to Pittsburgh — roughly 60 miles north on I-70 — creates a modest commuter dynamic for residents who work in the Pittsburgh metro but choose Ohio County for lower housing costs. This is less pronounced than the DC commuter dynamic in the Eastern Panhandle, but it contributes a professional tenant segment with higher-than-average incomes and sometimes higher expectations for property condition and management responsiveness.
The city of Wheeling has dealt with population decline over several decades, and some of that decline is reflected in the rental market — vacancy in parts of North and South Wheeling is higher than in the suburban and commercial corridors. Landlords should distinguish between submarkets carefully: a well-located unit near the hospital or the university leases very differently from aging stock in a declining neighborhood block. Property condition and location specificity matter more in a city with uneven population trends than in a uniformly tight market.
Filing an Eviction in Ohio County Magistrate Court
Evictions in Ohio County are filed at the Magistrate Court, located at 26 Fifteenth Street, Wheeling, WV 26003. Magistrate Clerk Gerald O. Ames, Jr. can be reached at (304) 234-3709; fax (304) 234-6439. Four magistrates serve Ohio County: Magistrate Thomas J. Howard (304-234-3763), Magistrate Patricia L. Murphy (304-234-3753), Magistrate Kevin A. Stryker (304-234-3774), and Magistrate Janine L. Varner (304-234-3710).
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. For lease violations, a written cure notice of 10 to 30 days before filing is advisable. After filing, the Ohio County Sheriff serves the summons; the tenant has five days to respond. The Writ of Possession is executed by the Sheriff following judgment for the landlord. With four magistrates serving a county of 41,000, Ohio County’s Magistrate Court runs an active docket but remains manageable. Typical timeline for uncontested matters: two to four weeks.
West Virginia imposes no cap on security deposits. One to two months’ rent is standard in the Wheeling market depending on property type. Deposits must be returned with written itemization within 60 days of lease end or 45 days of new occupancy, whichever is shorter. Month-to-month tenancies require 30 days’ written notice to terminate. Self-help eviction is illegal under WV Code 55-3A-3. No rent control; no county rental licensing. The City of Wheeling may have municipal property maintenance or registration requirements — verify with the city directly. For court procedures, contact Gerald O. Ames, Jr. at (304) 234-3709. 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 Ohio County Magistrate Court: 26 Fifteenth Street, Wheeling, WV 26003 — (304) 234-3709. City of Wheeling property maintenance ordinances may apply — verify with the city directly. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
