West Virginia landlord guide — Magistrate Court, eviction filing & Webster Springs remote highland rental rules
📍 Magistrate Court: 112 Bell Street, Suite A, Webster Springs, WV 26288 👥 Pop. ~8,000 — Central WV Highlands / Elk River headwaters ⚖️ 14th Judicial Circuit — Webster, Nicholas & Braxton Counties 🏛 Elk River headwaters — one of WV’s most isolated and rural counties
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.
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.
Webster County sits at the geographic heart of West Virginia’s most rugged terrain, a deeply rural county of approximately 8,000 residents where the headwaters of the Elk River rise in steep forested hollows and ridgelines exceed 4,000 feet. The county seat of Webster Springs — population roughly 700 — is a small community on the Elk River that serves as the governmental and commercial hub for a surrounding area with no interstate access, limited cell coverage in rural areas, and a character shaped almost entirely by the rhythms of small-town Appalachian life. Webster County has historically been one of the most isolated counties in West Virginia, and that isolation defines everything about its housing market.
The county’s economy has historically been tied to coal, timber, and natural gas extraction, with the workforce and population declining in step with those industries over the past half century. County government, the Webster County school system, and Webster County Memorial Hospital are the primary institutional employers today. The Webster County Woodchopping Festival, held each Memorial Day weekend, is one of West Virginia’s oldest and most distinctive traditional events and draws competitors and spectators from across the country — a flash of activity and tourism in an otherwise very quiet annual calendar.
The Elk River in Webster County is recognized as one of the finest wild trout streams in the eastern United States, and the surrounding Monongahela National Forest backcountry draws hunters, anglers, and hikers who provide some modest tourism revenue. This outdoor recreation identity has attracted a small but growing number of second-home buyers and remote workers, though the county’s infrastructure limitations — particularly broadband availability — constrain this segment more than in better-connected mountain counties like Tucker or Pocahontas.
Rental Market Conditions
Webster County’s rental market is among the smallest and most modestly priced in West Virginia. One-bedroom units where available run approximately $375–$525 per month; two-bedroom homes or apartments rent for $475–$650. The inventory of formal rental housing is limited, and informal arrangements between neighbors, family members, and community connections account for a meaningful share of the county’s rental activity. Written leases, as always under WV law, are preferable regardless of the informality of the prior relationship — they establish the essential terms that a Magistrate Court will need if a dispute arises.
Filing an Eviction in Webster County Magistrate Court
Evictions in Webster County are filed at the Magistrate Court, located at 112 Bell Street, Suite A, Webster Springs, WV 26288. Magistrate Clerk Pam McCourt can be reached at (304) 847-2613; fax (304) 847-7747. Two magistrates serve Webster County: Magistrate Ryan Bruffy and Magistrate Danny J. Davis, both reachable at (304) 847-5142 or (304) 847-5143. Court hours are 8:30 a.m. to 4:00 p.m. Monday through Friday.
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 Webster 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 Pam McCourt at (304) 847-2613. 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 Webster County Magistrate Court: 112 Bell Street, Suite A, Webster Springs, WV 26288 — (304) 847-2613. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
