West Virginia Eviction Notice Overview
West Virginia has no fixed statutory cure period for lease violations. Under W. Va. Code §37-6-5, the landlord must follow the lease terms or provide "reasonable" notice. There is no 14-day notice in WV statute. Cases are filed in Magistrate Court. West Virginia has minimal statutory tenant protections.
Kanawha County (Charleston), Cabell County (Huntington), Monongalia County (Morgantown), and Berkeley County handle the highest volumes. WV’s eviction costs are among the lowest nationally. The state does not have a comprehensive RLTA.
No Fixed
Statutory minimum
$25–$50
Magistrate Court filing
Written
Notice required
2–5 Wks
Total process
West Virginia Has No Fixed Cure Period
West Virginia law defers to the lease agreement for cure periods. Under W. Va. Code §37-6-5, the landlord follows the lease terms. If the lease is silent, courts expect reasonable notice. For non-payment, a statutory notice is not explicitly required, though best practice is to provide written demand.
West Virginia Notice Periods
Lease terms control: Cure period per agreement
No statutory minimum: WV does not mandate a specific cure period
Month-to-month: One rental period notice for termination
Immediate: Drug activity or criminal behavior
Common Violations Addressed by This Notice in West Virginia
- Any lease violation
- Non-payment
- Unauthorized pets, occupants
- Property damage, noise
- Criminal activity
- Holdover
West Virginia Legal Requirements
West Virginia courts require strict compliance with notice requirements. A deficient notice will result in dismissal of the eviction case, wasting time and filing fees. Here are the mandatory elements:
- Written Notice: Strongly recommended though not always required
- Lease Compliance: Follow lease cure period exactly
- Violation Description: Describe the breach
- Demand: State what tenant must do
- Landlord Info: Name, address, phone
Serving the Notice in West Virginia
Proper service is critical in West Virginia. The method of delivery determines when the notice period starts running and must be documented for court proceedings.
Personal Service
Hand to tenant.
Post and Mail
Post on door and mail.
Certified Mail
Via certified mail.
West Virginia Eviction Timeline
The complete eviction process in West Virginia, from notice to physical removal, follows this general timeline for uncontested cases:
West Virginia Eviction Fees & Costs
Below are the typical costs associated with the eviction process in West Virginia. Fees may vary by county or court location.
| Cost Item | Amount |
|---|---|
| Magistrate Court Filing | $25 – $50 |
| Sheriff Service | $15 – $30 |
| Writ of Possession | $10 – $25 |
| Attorney Fees | $300 – $800 |
Sample West Virginia Eviction Notice
Below is a preview of a West Virginia-compliant eviction notice. The generated document includes all elements required under WV law.
NOTICE TO CURE OR VACATE
STATE OF WEST VIRGINIA
Per Lease Terms and W. Va. Code §37-6-5
TO (TENANT):
Name: [Tenant Full Legal Name]
Address: [West Virginia Property Address]
VIOLATION / GROUNDS:
[Detailed description of violation with dates]
DEMAND
You must cure the above violation per your lease terms or vacate the premises.