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.
Wirt County holds the distinction of being West Virginia’s smallest county by population — approximately 5,700 residents in 234 square miles of the Little Kanawha River valley. The county seat of Elizabeth — population roughly 900 — is a quiet courthouse community on the Little Kanawha that has functioned as the governmental center for one of WV’s least populated counties for over 175 years. Despite its small size, Wirt County has the essential civic infrastructure of a functioning county: a courthouse, sheriff, schools, and the Wirt County community that has sustained itself through the rises and falls of the oil and gas economy that shaped northwestern WV.
The county sits between the Wood County/Parkersburg market to the north and the Roane and Jackson County markets to the south, giving residents reasonable access to larger employment centers via WV-14 and WV-47. Parkersburg, about 30 miles north of Elizabeth, is the primary destination for residents seeking major retail, healthcare beyond local services, and private sector employment. Some Parkersburg-area workers live in Wirt County for lower housing costs and rural character, adding a modest commuter layer to an otherwise entirely local housing market.
The Marcellus shale development that has reshaped northwestern WV’s energy economy has had some footprint in Wirt County, with pipeline and midstream infrastructure crossing the county. However, the drilling activity and workforce demand associated with shale development has been more pronounced in neighboring counties with better road access and closer proximity to the formation’s most productive zones. Wirt County’s rental market benefits modestly and intermittently from energy-sector activity rather than being defined by it.
Rental Market Conditions
Wirt County has one of the smallest and most modestly priced rental markets in West Virginia. One-bedroom units in Elizabeth and the surrounding communities typically run $375–$525 per month; two-bedroom homes or apartments rent for approximately $475–$650. The market is entirely local in character, serving county employees, school workers, retirees, and the small private sector workforce of the area. Informal rental arrangements — verbal agreements, family properties, neighbor-to-neighbor rentals — are common in a county this small. Written leases remain the best practice regardless of the relationship between landlord and tenant, as they establish the documented terms needed for any Magistrate Court proceeding.
Filing an Eviction in Wirt County Magistrate Court
Evictions in Wirt County are filed at the Magistrate Court, located at 90 Market Street, Elizabeth, WV 26143 (P.O. Box 249). Magistrate Clerk Regina Mullen can be reached at (304) 275-3642; fax (304) 275-4882. Two magistrates serve Wirt County: Magistrate Janey I. Wigal and Magistrate C. David Roberts, both reachable at (304) 275-3641.
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 Wirt 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 Regina Mullen at (304) 275-3642. 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 Wirt County Magistrate Court: 90 Market Street, Elizabeth, WV 26143 — (304) 275-3642. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
