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.
Randolph County occupies the Tygart Valley in the central Allegheny Highlands of West Virginia, a mountain county of approximately 29,000 residents anchored by Elkins — a small city of roughly 7,000 that sits at an elevation of 1,960 feet and serves as the county seat, commercial hub, and cultural center for the surrounding region. Elkins has a character distinct from most WV small cities: it is the eastern terminus of a scenic railroad, the home of a small liberal arts college, and the gateway to one of the largest wilderness areas in the eastern United States. It is a place with civic institutions, arts programming, and an outdoor recreation identity that gives it more vitality than its modest size might suggest.
Davis & Elkins College, a Presbyterian-affiliated liberal arts institution with roughly 600 to 800 students, is Elkins’s most distinctive institution and a meaningful driver of the local rental market. The college’s enrollment is small enough that its housing impact is manageable, but the presence of students, faculty, staff, and visiting programs creates a year-round demand layer for off-campus housing near the campus. Davis & Elkins also hosts the Augusta Heritage Center, which brings folk music, arts, and cultural programming to Elkins throughout the summer and draws visiting students and instructors who need short-term housing from June through August.
The Monongahela National Forest, which surrounds Elkins on multiple sides, makes Randolph County a serious outdoor recreation destination. Hunting, fishing, hiking, mountain biking, and skiing at Snowshoe (in adjacent Pocahontas County, accessible via WV-219) draw visitors year-round. The Greenbrier Valley Railroad — operating as the Elkins excursion train — and the restored rail heritage of the county add a tourism dimension. Davis, a small mountain community in Tucker County near the Randolph County line, is associated with Canaan Valley and Blackwater Falls recreation, and its influence is felt in the northern part of Randolph County.
Rental Market Conditions
Randolph County rents are moderate for a rural mountain WV county. In Elkins, one-bedroom units typically rent for $575–$775 per month; two-bedroom homes or apartments run approximately $725–$975. The Davis & Elkins campus area supports reliable student and faculty rental demand. Davis & Elkins College employees — faculty, administrators, and staff — tend to be long-term renters with stable incomes who anchor the upper end of the Elkins residential market. WVU Medicine Davis Medical Center is the county’s largest non-educational employer and provides a steady healthcare worker rental segment.
Filing an Eviction in Randolph County Magistrate Court
Evictions in Randolph County are filed at the Magistrate Court, located at 11 Randolph Avenue, Elkins, WV 26241. Magistrate Clerk Rezena Roth can be reached at (304) 636-5885; fax (304) 636-2510. Two magistrates serve Randolph County: Magistrate Mike Dyer (304-637-1127) and Magistrate Tracy M. Harper (304-636-1735).
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 Randolph 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 Rezena Roth at (304) 636-5885. 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 Randolph County Magistrate Court: 11 Randolph Avenue, Elkins, WV 26241 — (304) 636-5885. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
