West Virginia landlord guide — Magistrate Court, eviction filing & New River country rental rules
📍 Magistrate Court: 123 Temple Street, Hinton, WV 25951 👥 Pop. ~13,000 — Southern WV / New River & Greenbrier River junction ⚖️ 11th Judicial Circuit — Summers, Raleigh & Wyoming Counties 🏛 Bluestone Lake, Sandstone Falls, New River Gorge National Park gateway
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.
🔍 Reduce Your Risk Before Signing a Lease:
West Virginia landlords who screen tenants carefully before signing a lease significantly
reduce their risk of ending up in eviction court. Understanding
tenant screening in West Virginia —
including background checks, credit history, income verification, and rental references — is one of the most
cost-effective steps you can take to protect your rental property. Before you ever need West Virginia's
eviction process, proper tenant screening can help
you identify red flags early and avoid problem tenancies altogether.
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AI-generated, state-specific eviction notices, pay-or-quit letters, lease termination documents, and more — pre-filled with your tenant's information and built to West Virginia requirements.
Select your state, eviction reason, and the date you plan to serve notice. We'll calculate your earliest filing date and key milestones.
⚠️ 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.
Summers County occupies one of the most geographically dramatic settings in West Virginia, at the confluence of the New River and the Greenbrier River near the town of Hinton. The county seat of Hinton — population roughly 2,400 — is a railroad town whose Victorian-era streetscape reflects its 19th-century importance as a division point on the Chesapeake & Ohio Railway. The New River, running through the county on its way north toward the New River Gorge, and Bluestone Lake immediately south of Hinton give Summers County a natural amenity profile that far exceeds what its modest population of approximately 13,000 might suggest.
The 2020 designation of the New River Gorge as a National Park — the first new national park east of the Mississippi in decades — has elevated the entire New River corridor in terms of tourism and investment attention. While the park’s most developed visitor infrastructure is in Fayette County to the north, Summers County sits at the southern gateway and benefits from visitor traffic associated with Bluestone National Scenic River, Sandstone Falls (one of the widest waterfalls in the eastern United States), and the Bluestone State Park and Wildlife Management Area. This growing tourism economy is beginning to attract outside investment interest, including short-term vacation rental development, to a county that has long been economically quiet.
The Summers County economy beyond tourism rests on county government and services, Summers County ARH Hospital, the school system, and a modest agricultural and small business base. The county has experienced steady population loss over recent decades as coal employment declined in the broader southern WV region and young residents moved to larger labor markets. Hinton’s railroad heritage has attracted some heritage tourism interest, and the C&O Railway depot area has been the focus of preservation and economic development efforts.
Rental Market Conditions
Summers County rents are modest and the residential rental inventory is limited. One-bedroom units in Hinton typically run $425–$575 per month; two-bedroom homes or apartments rent for approximately $550–$725. The market is almost entirely local and serves county workers, healthcare employees, retirees, and residents of the small communities throughout the county. The growing tourism economy has seeded some short-term vacation rental investment, particularly in properties with river access or views, but the long-term residential rental market remains small and locally anchored.
Filing an Eviction in Summers County Magistrate Court
Evictions in Summers County are filed at the Magistrate Court, located at the Summers County Judicial Annex, 123 Temple Street, Hinton, WV 25951. Magistrate Clerk Robyn D. Robertson can be reached at (304) 466-7129; fax (304) 466-4912. Two magistrates serve the county: Magistrate Jack W. “Bill” Jeffries, Jr. and Magistrate Nathan Allen, both reachable at (304) 466-7117.
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 Summers 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 Robyn D. Robertson at (304) 466-7129. 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 Summers County Magistrate Court: 123 Temple Street, Hinton, WV 25951 — (304) 466-7129. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
