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.
Tucker County is West Virginia at its most alpine — a high-elevation mountain county of approximately 7,000 residents where the Cheat River cuts through narrow gorges, the Blackwater River plunges over the state’s most dramatic waterfall, and Canaan Valley sits at an average elevation of 3,400 feet, making it the highest valley in the eastern United States. The county seat of Parsons, population roughly 1,400, is a modest river town that serves the county’s governmental and commercial functions. The communities of Davis and Thomas, in the northern part of the county near Canaan Valley, have become the epicenter of Tucker County’s growing four-season recreation economy.
Blackwater Falls State Park — one of WV’s most visited state parks — anchors the northern part of the county with its iconic amber-tinted waterfall and lodge. Canaan Valley Resort State Park is home to WV’s highest-elevation ski area and a year-round outdoor recreation complex. The Monongahela National Forest covers substantial portions of Tucker County, including the Dolly Sods Wilderness and the Otter Creek Wilderness, two of the most distinctive backcountry destinations in the eastern United States. Tucker County has attracted a steady stream of hikers, backpackers, mountain bikers, fly fishermen, and ski enthusiasts for decades, and more recently has emerged as a destination for remote workers and second-home buyers drawn to its scenery and community character.
Two Very Different Markets
Tucker County operates two distinct housing markets. The first is the conventional residential rental market in Parsons — modest, local, and oriented toward county employees, healthcare workers at Davis Medical Center, and the small business workforce. One-bedroom units in Parsons run approximately $425–$575 per month; two-bedroom homes rent for $550–$725. This market is stable, small, and entirely local in character.
The second market is the recreation economy around Davis, Thomas, and Canaan Valley — and it operates very differently. Davis and Thomas have transformed in recent years from depressed former coal and lumber towns into vibrant small arts communities with craft breweries, restaurants, galleries, and a nationally recognized outdoor recreation infrastructure. Property values and rents in Davis and Thomas have risen sharply relative to the rest of Tucker County. Workforce housing for the recreation economy workers — ski resort staff, outfitter employees, hospitality workers — is chronically tight. Short-term vacation rentals are numerous and competing directly with long-term housing for available units, driving up rents and reducing affordability for year-round workers.
Landlords operating in the Davis/Thomas area face a classic resort-town tension: short-term rentals can generate higher revenue during peak seasons, while long-term rentals provide stable year-round income and support the community workforce that keeps the recreation economy functioning. As with other resort-adjacent markets in this guide, WV landlord-tenant law under WV Code Chapter 37 applies to residential tenancies. Transient vacation rental guests are not tenants under the statute, but any arrangement with recurring rent obligations that extends beyond a brief stay risks creating a tenancy with full statutory protections.
Filing an Eviction in Tucker County Magistrate Court
Evictions in Tucker County are filed at the Magistrate Court, located at 211 First Street, Suite 303, Parsons, WV 26287. Magistrate Clerk Brenda Arnold can be reached at (304) 478-2665; fax (304) 478-4836. Two magistrates serve Tucker County: Magistrate Riley H. Barb and Magistrate Brian K. Wilfong, both reachable through the main clerk line at (304) 478-2665.
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 Tucker 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 Arnold at (304) 478-2665. 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 Tucker County Magistrate Court: 211 First Street, Suite 303, Parsons, WV 26287 — (304) 478-2665. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
