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.
Wyoming County sits in the heart of West Virginia’s southern coalfields, a county of approximately 21,000 residents whose identity has been shaped almost entirely by the rise, dominance, and long decline of underground coal mining. The county seat of Pineville — population roughly 650 — is a small courthouse community on the Guyandotte River, with the county’s larger communities of Mullens and Oceana serving as the more commercially active centers. Wyoming County takes its name from the Wyoming Valley of Pennsylvania, reflecting the migration routes of early settlers who pushed south and west through the Appalachian valleys, and it has been producing coal since the late 19th century when railroads finally penetrated the rugged terrain of the southern WV mountains.
The county’s coal economy peaked in the mid-20th century and has contracted dramatically over the subsequent decades as underground mining employment declined in response to mechanization, market shifts, regulatory changes, and competition from surface-mined coal in other regions. Wyoming County has experienced significant population loss — from a peak of over 37,000 residents in 1950 to roughly 21,000 today — that reflects the broader demographic contraction of the southern WV coalfields. The communities that remain are resilient and tightly knit, but the housing market reflects the economic reality of a county whose primary industry has shed the majority of its workforce over three generations.
The county’s institutional employers today include Wyoming County schools, county government, Wyoming County Community Health Center, and a range of small businesses and services. Beckley in neighboring Raleigh County is the regional commercial hub and employment center accessible via US-16 and WV-97. Some Wyoming County residents commute to Beckley for healthcare employment, retail, and government jobs. The New River Gorge National Park, though centered in Fayette and Raleigh counties, has elevated the broader southern WV outdoor recreation profile in ways that may eventually benefit Wyoming County tourism as well.
Rental Market Conditions
Wyoming County has one of the most modestly priced rental markets in West Virginia. One-bedroom units in Mullens, Oceana, and Pineville typically run $375–$525 per month; two-bedroom homes or apartments rent for approximately $475–$650. The market is almost entirely local, serving county employees, healthcare workers, retirees, and the small private sector workforce of the area. The low cost of housing is both a consequence of the county’s economic contraction and one of its relative advantages for residents who remain — Wyoming County offers affordable living in a community with strong social ties and access to the natural beauty of the southern Appalachian mountains.
Informal rental arrangements remain common in Wyoming County, as they are across much of rural southern WV. Written leases protect both landlord and tenant and remain the right practice regardless of the familiarity of the relationship. For landlords with modest properties in stable condition, consistent occupancy at achievable rents is the realistic expectation in this market — not appreciation or premium pricing, but steady income from tenants who value affordable, well-maintained housing in a community they know well.
Filing an Eviction in Wyoming County Magistrate Court
Evictions in Wyoming County are filed at the Magistrate Court, located at 44 Cedar Street (P.O. Box 1500), Pineville, WV 24874. Magistrate Clerk Jessica R. Daniels can be reached at (304) 732-8000, ext. 218; fax (304) 732-7247 (Clerk’s Office) or (304) 732-6219 (Magistrates). Magistrate Roger L. Snow, Jr. can be reached at ext. 258. Verify the second magistrate’s current contact at courtswv.gov before filing.
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 Wyoming 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 Jessica R. Daniels at (304) 732-8000 ext. 218. 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 Wyoming County Magistrate Court: 44 Cedar Street, Pineville, WV 24874 — (304) 732-8000 ext. 218. Legal Aid of West Virginia: 1-866-255-4370. WV State Bar Lawyer Referral: (304) 558-7991. Last updated: March 2026.
