West Virginia 60-Day Notice Overview
West Virginia does not require a 60-day notice for standard residential tenancy terminations. Under W. Va. Code 37-6-5, a month-to-month tenancy can be terminated with at least one month's notice. West Virginia does not have a comprehensive residential landlord-tenant act like many states — its provisions are scattered through the state code.
West Virginia is one of the most landlord-friendly states with minimal statutory tenant protections. The state has no rent control, no just-cause eviction requirements, and a fast eviction process through Magistrate Courts. Security deposit rules are found in W. Va. Code 37-6A. West Virginia's relatively low cost of living and declining population in some areas have created a unique rental landscape.
30 Days
Statutory default
$30-$50
Court filing fees
Written
Notice required
1-3 wks
Court process
When a 60-Day Notice Applies in West Virginia
Since West Virginia's statutory default for month-to-month termination is 30 days, understanding when a 60-day notice is actually required or advisable is essential for landlords.
Lease-Required Extended Notice
Some WV landlords include 60-day clauses. The contractual obligation overrides the one-month statutory minimum.
WV Housing Development Fund Programs
Federal Section 8 programs administered through the WV Housing Development Fund and local PHAs frequently require 60-90 days notice.
Morgantown University Market
Morgantown (WVU) and the Eastern Panhandle (near DC) have the tightest rental markets in West Virginia. Providing 60 days is best practice in these areas where student and commuter demand drives competition.
West Virginia Legal Requirements
West Virginia's landlord-tenant statutes establish specific requirements for termination notices that must be followed precisely.
West Virginia Limited Landlord-Tenant Statutes
West Virginia does not have a comprehensive residential landlord-tenant act. Landlord-tenant provisions are scattered across multiple code sections. Security deposit rules are in W. Va. Code 37-6A. Eviction procedures are in W. Va. Code 55-3A (Wrongful Occupation). The lack of a unified act means landlords must consult multiple statutes and rely more heavily on lease terms and common law principles.
Notice Content Requirements
- Written Notice: W. Va. Code 37-6-5 requires written notice. Oral notice is insufficient for residential tenancy terminations
- Tenant and Property ID: Include all tenant names from the lease and the complete property address including city, county, and ZIP code
- Termination Date: State the exact date at least 60 days from service, aligned with the end of the monthly rental period
- Landlord Contact: Include the landlord or property manager name, West Virginia mailing address, and telephone number
- Security Deposit Reference: W. Va. Code 37-6A-1 to 37-6A-6 requires return of the deposit within 60 days with an itemized statement. No statutory cap on amounts
How to Serve a 60-Day Eviction Notice in West Virginia
Proper service is critical in West Virginia. If the landlord cannot prove the notice was properly delivered, the court will dismiss the eviction action.
Prepare the Notice
Draft using a West Virginia-specific template referencing W. Va. Code 37-6-5. Include all tenant names, property address, and the 60-day termination date
Personal Delivery (Preferred)
Hand-deliver to the tenant at the rental premises. West Virginia courts prefer personal service. Use a process server or witness
Certified Mail Alternative
Send via certified mail with return receipt. West Virginia accepts mailed service for landlord-tenant notices
Complete Proof of Service
Document date, time, method, and location of service. Keep certified mail receipts and return cards for court proceedings
File Wrongful Occupation Action in Magistrate Court
After 60 days expire without the tenant vacating, file an eviction action in Magistrate Court where the property is located
West Virginia Eviction Timeline
West Virginia's eviction process uses a Wrongful Occupation action filed in Magistrate Court under W. Va. Code 55-3A. After filing, the court schedules a hearing typically within 5-10 days.
At the hearing, both parties present evidence. If the landlord prevails, the court issues a judgment for possession. The tenant has a brief period to vacate before the sheriff enforces the order.
Total court timeline: 1-3 weeks uncontested, 3-6 weeks contested. Kanawha County (Charleston) and Monongalia County (Morgantown) handle the most cases. Combined with the 60-day notice period, the full process spans 9-14 weeks.
West Virginia Filing Fees & Costs
Eviction costs in West Virginia vary by county and court type. Below are typical expenses.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $30 - $50 |
| Service of Process | $15 - $40 |
| Attorney Fees | $300 - $1,200 |
| Writ of Possession | $10 - $25 |
| Sheriff Enforcement | $40 - $100 |
Sample West Virginia 60-Day Notice
Below is a preview of our West Virginia-specific 60-day termination notice template.
60-DAY NOTICE OF TERMINATION
STATE OF WEST VIRGINIA
Pursuant to W. Va. Code 37-6-5
LANDLORD / PROPERTY OWNER:
Name: [Full Legal Name]
Address: [West Virginia Mailing Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE OF TERMINATION:
You are hereby notified that your tenancy at the above premises will terminate on[Date — 60 days from service]. You must vacate and surrender possession by that date.
WEST VIRGINIA COMPLIANCE NOTE
Your security deposit will be returned within 60 days of vacating per W. Va. Code 37-6A, with an itemized statement of deductions. Please provide a forwarding address upon vacating.