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.
Preston County sits directly east of Monongalia County along the I-68 corridor, sharing a circuit court and a family court circuit with its more famous neighbor. With approximately 34,000 residents and a county seat of Kingwood — population roughly 2,900 — Preston County occupies an interesting position in the north-central WV rental landscape: it is close enough to Morgantown and WVU to function as a bedroom community for cost-conscious workers and students, yet far enough removed to maintain a distinct rural agricultural character. That dual identity shapes the rental market in ways that make Preston County more dynamic than its modest size might suggest.
The Morgantown commuter dynamic is most pronounced in the western and northwestern parts of the county. Cheat Lake, a reservoir on the Cheat River straddling the Monongalia-Preston county line, has become a desirable residential address — its lakefront and near-lake properties attract professionals who work in Morgantown but prefer a more scenic, less dense living environment. Properties in the Cheat Lake corridor command rents and sale prices meaningfully above the Preston County average and are, in many respects, extensions of the Morgantown market. Terra Alta, in the northeastern part of the county near the Maryland border at an elevation of 2,700 feet, has a small-town character and attracts residents who work along the I-68 corridor or commute to Maryland.
The remainder of the county — Kingwood, Grafton Road communities, Tunnelton, Rowlesburg — operates as a conventional rural WV rental market. The county’s agricultural tradition, including dairy farming and beef cattle operations in the rolling highlands, anchors the rural economy. Corridor H (US-48), still under construction through portions of Preston County as part of a long-running federal highway project, will eventually improve east-west connectivity through the county significantly when completed and may accelerate some commuter growth.
Rental Market Conditions
Rental pricing in Preston County varies substantially by location. Near Cheat Lake and in WVU-adjacent areas of the county, one-bedroom units can command $750–$950 per month and two-bedrooms run $900–$1,200 — pricing that reflects the Morgantown market influence. In Kingwood and rural communities, rents are far more modest: one-bedrooms run $500–$675 and two-bedrooms average $625–$850. Landlords who own property in different parts of the county are essentially operating in different markets and should price and screen accordingly.
Filing an Eviction in Preston County Magistrate Court
Evictions in Preston County are filed at the Magistrate Court, located at the Preston County Courthouse, 101 West Main Street, Room 201, Kingwood, WV 26537. Magistrate Clerk Marsha Bolyard can be reached at (304) 329-2762, ext. 3508 or 3507; fax (304) 329-0855. Three magistrates serve Preston County: Magistrate Patricia L. Grimm (ext. 3501), Magistrate Peggy Pase (ext. 3503), and Magistrate Bo Ward (ext. 3502).
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 Preston County Sheriff serves the summons; the tenant has five days to respond. The Writ of Possession is executed by the Sheriff 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, 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 Marsha Bolyard at (304) 329-2762. 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 Preston County Magistrate Court: 101 West Main Street, Room 201, Kingwood, WV 26537 — (304) 329-2762. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
