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.
Putnam County is one of the bright spots in West Virginia’s otherwise challenging demographic picture — a county that has grown steadily over the past two decades while most of its neighbors have lost population. With approximately 58,000 residents and a location directly between Charleston (Kanawha County) to the east and Huntington (Cabell County) to the west along I-64, Putnam County functions as the primary suburban corridor for the Kanawha Valley metro area. The communities of Hurricane, Teays Valley, Winfield, and Scott Depot have developed into exactly what one would expect from a suburban county adjacent to a state capital: newer housing, retail development, good schools, and a professional resident base whose members largely work in Charleston or Huntington but choose Putnam for its quieter character and relative affordability.
Hurricane, the county’s largest city at roughly 7,000 residents, is the commercial hub of the I-64 corridor in Putnam County. The Teays Valley area, an unincorporated community that has grown organically along the US-35 corridor, is among the more densely developed suburban areas in the state and functions as a bedroom community for Charleston state government workers, CAMC healthcare employees, and private sector professionals. Scott Depot, near the Cabell County line, adds to the western end of the county’s suburban belt. Winfield, the county seat, is more modest in scale but houses the county courthouse and government functions.
Rental Market Conditions
Putnam County supports one of the stronger rental markets in West Virginia outside of Morgantown and the Eastern Panhandle. Rents reflect the suburban professional character of the county: one-bedroom apartments in Hurricane and Teays Valley typically run $800–$1,050 per month; two-bedroom units average $975–$1,300. Single-family home rentals in desirable neighborhoods near good schools can command $1,300–$1,700 or more. These numbers are meaningfully above the WV statewide average and reflect a market where demand from Charleston commuters consistently supports above-average pricing.
The tenant profile in Putnam County skews professional and family-oriented. State government workers, healthcare employees, educators, and private sector professionals make up the core renter base. Turnover is lower than in student or workforce housing markets, and tenants generally have stable incomes and longer rental histories. The tradeoff for landlords is that tenant expectations are correspondingly higher — well-maintained properties in good school districts command premium rents and attract reliable tenants, while deferred-maintenance properties struggle to compete.
New apartment complex development has occurred along the I-64 and US-35 corridors in recent years, adding supply to a market that had historically been dominated by single-family homes. This has introduced more rental options for the professional segment and kept rent growth from outpacing the general WV pace. Landlords with older single-family rental stock compete with newer apartment product and should price and maintain accordingly.
Filing an Eviction in Putnam County Magistrate Court
Evictions in Putnam County are filed at the Magistrate Court, located at 12093 Winfield Road, Suite 15, Winfield, WV 25213. Magistrate Clerk Darry M. Casto can be reached at (304) 586-0234 or (304) 586-0270; fax (304) 586-0267. Three magistrates serve Putnam County: Magistrate Linda J. Hunt (304-586-0231 or 304-586-0230), Magistrate Jean Ann Luikart (304-586-0233 or 304-586-0230), and Magistrate Sarah Weaver (304-586-0232 or 304-586-0230).
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 under WV law. For lease violations, a written cure notice of 10 to 30 days before filing is the recommended practice. After filing, the Putnam 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. With a growing population and three magistrates, Putnam County’s court handles a moderately active eviction docket efficiently. Typical timeline for uncontested matters: two to four weeks.
West Virginia imposes no cap on security deposits. In Putnam County’s professional market, one to two months’ 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 Darry M. Casto at (304) 586-0234. 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 Putnam County Magistrate Court: 12093 Winfield Road, Suite 15, Winfield, WV 25213 — (304) 586-0234. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
