West Virginia landlord guide — Magistrate Court, eviction filing & Grafton area rental rules
📍 Magistrate Court: 214 West Main Street, Grafton, WV 26354 👥 Pop. ~16,000 — North-Central WV / Tygart Valley River ⚖️ 19th Judicial Circuit — Taylor & Barbour Counties 🏛 Birthplace of Mother’s Day — Grafton National Cemetery, Tygart Lake
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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including background checks, credit history, income verification, and rental references — is one of the most
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Ready to File?
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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.
Taylor County is a small north-central West Virginia county of approximately 16,000 residents centered on Grafton — a Tygart Valley River city of roughly 4,900 that carries a distinction most Americans don’t know: it is the recognized birthplace of Mother’s Day. Anna Jarvis held the first official Mother’s Day observance at Andrews Methodist Church in Grafton in 1908, and the church — now the International Mother’s Day Shrine — draws visitors and pilgrims who make the connection between a national holiday and a West Virginia railroad town. The Grafton National Cemetery, one of the oldest national cemeteries in the United States, adds to the county’s historical significance.
Grafton’s identity as a railroad town — it was historically an important division point on the Baltimore & Ohio Railroad — shaped its 19th and early 20th-century growth and left behind a compact city with Victorian-era architecture, a working-class neighborhood character, and infrastructure built for a larger population than the county now supports. Taylor County has experienced modest population decline over recent decades in line with broader north-central WV trends. The county’s location along I-79 south of Clarksburg (Harrison County) gives it reasonable commuter access to the Harrison County employment base, and some residents commute north to the Bridgeport/Clarksburg market for work.
Tygart Lake State Park, on the Tygart Valley River a few miles south of Grafton, is a popular recreation destination that draws boaters, campers, and day-trippers from the north-central WV region. The lake does not generate significant year-round residential rental demand but contributes to the county’s outdoor recreation identity. United Hospital Center (WVU Medicine) in Bridgeport, easily accessible via I-79, is a commute-range employer for many Taylor County residents and healthcare workers.
Rental Market Conditions
Taylor County rents are modest. One-bedroom units in Grafton typically run $525–$700 per month; two-bedroom homes or apartments rent for approximately $650–$875. The market is local in character, serving county employees, school system personnel, healthcare workers, and residents employed in the small business and services sector. The commuter connection to Harrison County means some tenants choose Grafton for affordability and drive to Bridgeport or Clarksburg for work, adding a modest professional segment to what is otherwise an entirely local market.
Filing an Eviction in Taylor County Magistrate Court
Evictions in Taylor County are filed at the Magistrate Court, located at the Taylor County Courthouse Annex, 214 West Main Street, Grafton, WV 26354. Magistrate Clerk Brenda L. Vance can be reached at (304) 265-5762; fax (304) 265-5708. Two magistrates serve Taylor County: Magistrate Eva Sue Guthrie and Magistrate Ricky R. Reese, both reachable at (304) 265-1322.
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 Taylor 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 Brenda L. Vance at (304) 265-5762. 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 Taylor County Magistrate Court: 214 West Main Street, Grafton, WV 26354 — (304) 265-5762. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
