West Virginia Eviction Notice Overview
West Virginia does not require a specific pre-filing notice period for non-payment of rent. Under WV Code 55-3A-1, the landlord may file an eviction immediately once rent is overdue. West Virginia does not use a 5-day notice. Evictions are filed in Magistrate Court. The state has one of the fastest eviction processes.
Understanding the correct notice period is critical for West Virginia landlords. Using a 5-day notice when the law requires a different period will result in the court dismissing the eviction case, costing the landlord additional time and filing fees. Always verify the current West Virginia statutory requirements before serving any eviction notice.
No fixed (immediate filing)
Actual notice period
$30 - $50
Court filing fee
Magistrate
Court type
3-6 Wks
Total process
Why West Virginia Uses No fixed (immediate filing), Not 5 Days
Important: West Virginia Does Not Have a 5-Day Notice
A 5-day eviction notice is not the correct notice period in West Virginia. Under WV Code 55-3A-1, the required notice for non-payment of rent is No fixed (immediate filing). Serving a 5-day notice will likely result in the court dismissing your case. Use the correct No fixed (immediate filing) notice period.
States that do use a 5-day notice include Arizona, Delaware, Hawaii, Illinois, Oklahoma, Rhode Island, South Carolina, Virginia, and Wisconsin. West Virginia is not among them. The No fixed (immediate filing) notice requirement in West Virginia applies to the most common eviction scenario: non-payment of rent. Other eviction grounds (lease violations, month-to-month terminations) may require different notice periods under West Virginia law.
If you are a landlord in West Virginia, ensure your eviction notice complies with WV Code 55-3A-1 and includes all elements required by Magistrate Court. Using our West Virginia-specific template ensures you have the correct notice period and statutory language.
West Virginia Legal Requirements for Eviction Notices
To withstand judicial scrutiny in West Virginia Magistrate Court, your eviction notice must contain all elements required by state law. Missing even one required element gives the tenant grounds to challenge the notice.
Required Notice Contents
- Tenant Names: Full legal names of all adult tenants on the lease agreement
- Property Address: Complete address including unit number, city, and West Virginia county
- Amount Owed: For non-payment cases, specific dollar amount of rent due plus any lawful late fees
- Notice Period: Clear statement of the No fixed (immediate filing) period to pay or vacate as required by WV Code 55-3A-1
- Consequences: Warning that failure to pay or vacate will result in eviction proceedings in Magistrate Court
- Landlord Information: Name, signature, and contact information of the landlord or property manager
- Date of Service: The date the notice is delivered, which starts the No fixed (immediate filing) clock
How to Serve an Eviction Notice in West Virginia
Proper service of the eviction notice is essential under West Virginia law. Magistrate Court judges regularly dismiss cases where the landlord cannot demonstrate proper service.
Personal Hand-Delivery (Preferred)
Deliver the notice directly to the tenant in person. Bring a witness or use a process server for documentation. This is the method West Virginia courts trust most.
Substituted Service
If the tenant is not available, leave the notice with a competent adult (18+) residing at the property. Record the name and date of service.
Post and Mail
Post the notice on the main entry door and mail a copy via first-class or certified mail. Use this as a last resort when personal delivery fails.
Document Everything
Prepare a proof of service affidavit recording the date, time, method, and witnesses. West Virginia courts require this when filing the eviction complaint.
File After Notice Period Expires
Once the No fixed (immediate filing) period expires without payment or vacancy, file the eviction complaint at the Magistrate Court in the jurisdiction where the property is located.
West Virginia Eviction Timeline
The eviction process in West Virginia follows a specific timeline from notice to enforcement. A typical uncontested eviction takes approximately 3-6 Wks from the date the notice is served. Contested cases can take significantly longer.
After the No fixed (immediate filing) notice period expires and the complaint is filed, the court schedules a hearing. At the hearing, the judge reviews the notice, lease, and proof of service. If the landlord prevails, the court enters a judgment for possession.
Following the judgment, the tenant has a limited time to appeal or vacate. If the tenant does not leave voluntarily, the landlord obtains a writ of possession, and the sheriff or constable enforces the removal. Self-help evictions are illegal in West Virginia and can expose the landlord to substantial liability.
West Virginia Eviction Filing Fees & Costs
Below are the typical costs associated with the eviction process in West Virginia. Actual fees may vary by county and specific circumstances.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $30 - $50 |
| Service of Process | $25 - $75 |
| Writ of Possession | $25 - $100 |
| Attorney Fees (Uncontested) | $400 - $2,000 |
Sample West Virginia Eviction Notice
Below is a preview of the West Virginia-specific eviction notice using the correct No fixed (immediate filing) notice period required by WV Code 55-3A-1.
NOTICE TO PAY RENT OR QUIT
STATE OF WEST VIRGINIA
Pursuant to WV Code 55-3A-1
TO TENANT(S):
Name(s): [All Tenant Names]
Address: [Full West Virginia Address]
NOTICE:
You are notified that rent in the amount of $[Amount] is past due. Pursuant to WV Code 55-3A-1, you have NO FIXED (IMMEDIATE FILING) from the date of service to pay the total amount due or surrender possession.
WEST VIRGINIA COMPLIANCE
This notice uses the correct No fixed (immediate filing) period required by West Virginia law under WV Code 55-3A-1. A 5-day notice is not valid in West Virginia.