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.
Pendleton County is the least populated county in West Virginia and one of the most geographically dramatic. With approximately 7,000 residents spread across 698 square miles of the Potomac Highlands — more land area than some small states — Pendleton is a place where mountains, valleys, and the South Branch Potomac River define everything about daily life. The county seat of Franklin, population roughly 800, sits in a broad valley flanked by North Fork Mountain and Shenandoah Mountain. Seneca Rocks, just north of Franklin in the Germany Valley, is one of the most recognizable natural landmarks in the mid-Atlantic region — a soaring quartzite crag that draws rock climbers, hikers, and tourists from across the eastern United States.
The Monongahela National Forest covers a substantial portion of the county, including the Spruce Knob-Seneca Rocks National Recreation Area. Spruce Knob itself — the highest point in West Virginia at 4,863 feet — is just across the county line in Grant County but defines the regional identity that encompasses Pendleton. The county’s economy rests almost entirely on agriculture — cattle, poultry, and hay production in the valley floors — and outdoor recreation tourism. There is no significant industrial employer, no college, and limited commercial development beyond what serves the immediate local population and the tourist trade through the Seneca Rocks corridor.
The Pendleton County Rental Market
Pendleton County’s residential rental market is among the smallest in West Virginia. The combination of very low population, limited rental inventory, and an economy that skews toward owner-occupied agricultural properties means that conventional rental housing is scarce. What rental stock exists is concentrated almost entirely in and around Franklin, with very limited availability in the smaller communities of Riverton, Seneca Rocks, and Judy Gap along US-33 and US-28. Rents reflect the rural economy: one-bedroom units where available run approximately $400–$550; two-bedroom homes rent in the $525–$700 range.
The outdoor recreation tourism sector has driven meaningful short-term rental investment along the Seneca Rocks corridor. Vacation cabins, glamping sites, and Airbnb-style listings catering to climbers, hikers, and weekend adventurers from DC and Pittsburgh represent a distinct economic segment from the residential rental market. As noted elsewhere in this guide, West Virginia landlord-tenant law under WV Code Chapter 37 governs residential tenancies with recurring rent obligations — it does not cover transient hotel-style guest relationships. Property owners who operate vacation rentals should structure those arrangements clearly to avoid inadvertent creation of a tenancy with full statutory protections.
Pendleton County has attracted a small but notable stream of remote workers and back-to-land migrants in recent years, drawn by extraordinarily low land costs and the county’s unspoiled natural character. Most arrive as buyers rather than renters, but the demographic shift has introduced new faces into the local housing market and, in some cases, new landlords who own properties in Pendleton while living elsewhere.
Filing an Eviction in Pendleton County Magistrate Court
Evictions in Pendleton County are filed at the Magistrate Court, located on Main Street, Franklin, WV 26807 (P.O. Box 637). Magistrate Clerk Mary A. Simpson can be reached at (304) 358-2343 or (304) 358-2344; fax (304) 358-3870. Two magistrates serve Pendleton County, reachable through the same clerk line. The Circuit Court is also on Main Street; Circuit Clerk Shalee Wilburn handles circuit-level records.
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 Pendleton County Sheriff serves the summons; the tenant has five days to respond. In one of WV’s smallest and most lightly staffed counties, calling ahead before filing to confirm current procedures is particularly worthwhile. The Writ of Possession is executed by the Sheriff after judgment for the landlord.
West Virginia imposes no cap on security deposits. One month’s rent is standard. 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. Self-help eviction is illegal under WV Code 55-3A-3. No rent control; no county rental licensing. For court procedures, contact Mary A. Simpson at (304) 358-2343. 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 Pendleton County Magistrate Court: Main Street, Franklin, WV 26807 — (304) 358-2343. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
