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.
Tyler County is a small northwestern West Virginia county of approximately 8,500 residents centered on Middlebourne — the county seat with a population of roughly 900 — in the Middle Island Creek valley. The county borders the Ohio River to the west at Sistersville, a historic river town of about 1,600 that once rivaled larger cities in oil production wealth during the late 19th century boom. The handsome Victorian mansions lining Sistersville’s streets are a physical testament to the fortunes generated from the first major oil rush on the Ohio River, and the Sistersville Ferry — one of the last hand-operated cable ferries in the United States — still crosses to Newport, Ohio during the summer months, a piece of living heritage that draws visitors to this quiet corner of the state.
Today Tyler County’s economy rests on county government and services, a modest agricultural base, and the continued presence of oil and natural gas production. The Marcellus shale development that has reshaped energy economics across the northern WV region has had measurable impact on Tyler County, with drilling activity, pipeline construction, and midstream infrastructure bringing periodic waves of workforce demand for housing. This energy-sector activity tends to be episodic rather than sustained — active when projects are underway, quiet when they are not — and landlords who serve this workforce need to plan around occupancy cycles that can be unpredictable.
Rental Market Conditions
Tyler County’s rental market is small and modest. One-bedroom units in Middlebourne and Sistersville typically run $425–$575 per month; two-bedroom homes or apartments rent for approximately $550–$725. The market is entirely local between energy-sector activity cycles, serving county workers, retirees, and the small residential population that sustains the county’s communities. The proximity to Parkersburg (Wood County) via WV-2 along the Ohio River gives residents access to a larger employment market without a long commute, and some Parkersburg-area workers choose Tyler County for lower housing costs.
As is common in small oil-country WV counties, informal rental arrangements are not unusual in Tyler County. Written leases are always preferable regardless of the informality of the prior relationship between landlord and tenant, and are essential if a dispute ever reaches the Magistrate Court. A verbal agreement about rent and terms is technically enforceable but creates unnecessary evidentiary complications that a simple written lease would eliminate entirely.
Filing an Eviction in Tyler County Magistrate Court
Evictions in Tyler County are filed at the Magistrate Court, located at 228 Main Street, Middlebourne, WV 26149 (P.O. Box 127). Magistrate Clerk Patty Garuccio can be reached at (304) 758-2137; fax (304) 758-2692. Two magistrates serve Tyler County: Magistrate Lynnsie Cline and Magistrate Brian Weigle, both reachable at (304) 758-2136.
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 Tyler 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 Patty Garuccio at (304) 758-2137. 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 Tyler County Magistrate Court: 228 Main Street, Middlebourne, WV 26149 — (304) 758-2137. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
