West Virginia Eviction Notice Overview
West Virginia Has No Fixed Statutory Notice Period
Unlike most states, West Virginia does not specify a clear 3-day, 5-day, or other notice period for non-payment of rent. The required notice depends on the lease terms and the nature of the tenancy. Landlords should include clear notice provisions in their lease agreements and consult West Virginia landlord-tenant law carefully.
West Virginia's landlord-tenant law is less comprehensive than most states. There is no single statute establishing a clear 3-day, 5-day, or 14-day notice period for non-payment of rent. Instead, eviction procedures are governed by a combination of W.Va. Code §37-6-5 (wrongful occupation), common law principles, and the terms of the lease agreement itself.
West Virginia evictions are filed in magistrate court. Charleston (Kanawha County), Huntington (Cabell County), and Morgantown (Monongalia County) handle the most cases. Because the state lacks a comprehensive residential landlord-tenant act like the URLTA, the lease agreement is particularly important in determining notice requirements. Many landlords include specific notice provisions in their leases.
Varies
No fixed statutory period
$30-$100
Filing fees
Written
Notice required
2-6 wks
Court process
West Virginia Legal Requirements
Because West Virginia lacks a comprehensive residential landlord-tenant statute, notice requirements are less standardized. Landlords should follow any notice provisions in the lease and provide reasonable written notice before filing in magistrate court.
Required Notice Elements
- Written Notice: Should be in writing for documentation purposes
- Notice Period: Follow the lease terms. If the lease is silent, provide reasonable notice
- Rent Amount: State the specific rent amount past due
- Tenant Names: Name all tenants on the lease
- Property Address: Full address of the rental property
- Consequence Statement: State that failure to pay will result in court action
How to Serve an Eviction Notice in West Virginia
West Virginia permits standard service methods including personal delivery and mailing. Magistrate courts may have specific local requirements for proof of service.
Review the Lease Agreement
Check for any specific notice provisions. Many WV leases include their own notice requirements.
Prepare Written Notice
Even without a specific statutory requirement, written notice creates a clear record.
Deliver to the Tenant
Personal delivery is best. Mail a copy as well for documentation.
Document Service
Record date, time, and method for the magistrate court filing.
File in Magistrate Court
After the notice period (per lease or reasonable period), file a complaint in magistrate court.
West Virginia Eviction Timeline
West Virginia magistrate courts schedule hearings relatively quickly, often within 5-10 days of filing. The process is generally informal and does not require extensive legal procedures.
At the hearing, the magistrate determines whether eviction is warranted. If the landlord prevails, the court issues an order. The tenant may appeal to circuit court within 20 days.
After the appeal period, the sheriff enforces the eviction. Total time from notice to lockout varies widely: 3-6 weeks for uncontested cases to 2-4 months for contested ones. The lack of standardized procedures means timelines are less predictable than in states with comprehensive landlord-tenant acts.
West Virginia Court Fees & Costs
Below are the typical costs associated with the eviction process in West Virginia. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing | $30 - $100 |
| Service of Process | $15 - $40 |
| Writ of Possession | $15 - $40 |
| Attorney Fees (optional) | $400 - $1,500 |
| Sheriff Enforcement | $40 - $100 |
Sample West Virginia Eviction Notice
Below is a preview of the West Virginia-compliant eviction notice.
NOTICE TO PAY RENT OR QUIT
STATE OF WEST VIRGINIA
Under West Virginia landlord-tenant law
TO TENANT(S):
Name: [Full Legal Name]
Address: [West Virginia Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You are hereby notified that rent in the amount of $[Amount] for [Month/Year] is past due. You are demanded to pay the full amount within [number] days or surrender possession. Failure to comply will result in eviction proceedings in magistrate court.