West Virginia Eviction Notice Overview
West Virginia is unique among U.S. states in that it does not have a fixed statutory notice period for non-payment evictions. Under W. Va. Code §37-6-5, landlords must provide "reasonable notice" before filing. West Virginia also lacks a comprehensive residential landlord-tenant act, relying instead on common law principles, the lease agreement, and limited statutory provisions.
This absence of specific notice periods means that West Virginia lease agreements are particularly important in defining the notice requirements. Most professionally drafted West Virginia leases include notice provisions that specify 3-30 days depending on the type of breach. Without a lease provision, courts determine reasonableness based on the circumstances, the type of tenancy, and local practice.
Varies
Per lease / reasonable
$45-$75
Filing fees
Written
Notice required
4-8 wks
Total process
West Virginia's Notice Framework
WV Has No Fixed Statutory Period
West Virginia does not specify a 3-day, 10-day, or 14-day notice period in its statutes. The notice period depends on the lease terms or "reasonable notice" as determined by the courts. Always check your lease first. If the lease is silent, provide at least one rental period of notice for month-to-month tenancies.
| Scenario | Notice Period | Authority |
|---|---|---|
| Lease specifies period | As stated in lease | Lease agreement |
| Lease silent (monthly) | 1 rental period (30 days) | W. Va. Code §37-6-5 |
| Lease silent (weekly) | 1 week | Common law |
| Holdover after lease | Reasonable notice | W. Va. Code §55-3A-1 |
West Virginia Legal Requirements
While WV lacks detailed statutory notice requirements, best practices for a valid notice include:
- Written Notice: Always provide written notice, even if not strictly required by statute
- Reason for Eviction: State the reason (non-payment, violation, termination)
- Amount Owed: For non-payment, specify the exact amount due
- Compliance Period: Use the lease-specified period or a reasonable period
- Consequence: Warn that the landlord will file in Magistrate Court if uncured
How to Serve in West Virginia
WV does not specify statutory service methods for pre-filing notices, but courts expect reasonable delivery methods.
Personal Delivery
Hand the notice to the tenant with a witness present
Certified Mail
Send via certified mail with return receipt for proof of delivery
Post and Mail
Post on premises and mail a copy as backup evidence
File in Magistrate Court
After the notice period expires, file a wrongful occupation action in WV Magistrate Court
West Virginia Eviction Timeline
Notice period: Per lease or reasonable (often 30 days). Filing: Wrongful occupation complaint in Magistrate Court. Hearing: Typically 10-20 days after filing. Post-judgment: Sheriff executes order of possession within 7-14 days.
Total uncontested: 4-8 weeks depending on the notice period required. Contested: 2-4 months. Circuit Court appeals extend the timeline further.
West Virginia Court Fees
WV Magistrate Court fees vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing | $45 - $75 |
| Sheriff Service | $25 - $50 |
| Order of Possession | $30 - $60 |
| Attorney Fees | $400 - $1,200 |
| Sheriff Lockout | $50 - $150 |
Sample West Virginia Eviction Notice
Below is a preview of a West Virginia notice to vacate for non-payment.
NOTICE TO PAY RENT OR VACATE
STATE OF WEST VIRGINIA
Pursuant to W. Va. Code §37-6-5
TO TENANT(S):
Name: [Full Legal Name]
Address: [WV Property Address]
NOTICE
You are hereby given notice to pay $[Amount] in unpaid rent or vacate the premises within [Number] days. Failure to comply will result in filing a wrongful occupation action in West Virginia Magistrate Court.