West Virginia Eviction Notice Overview
West Virginia does not have a fixed statutory notice period for non-payment of rent. Under WV Code 55-3A-1, the landlord may file an 'emergency possession' (wrongful occupation) action when the tenant fails to pay rent. There is no required pre-filing notice period, making West Virginia similar to Georgia and Missouri. However, the lease may specify a notice period that must be honored.
West Virginia's landlord-tenant law is found in WV Code Chapter 37, Article 6 and the wrongful occupation statute in Chapter 55, Article 3A. WV has 55 counties with Magistrate Courts. Kanawha County (Charleston), Cabell County (Huntington), and Monongalia County (Morgantown) handle the highest volumes. WV does not have a comprehensive URLTA-style act.
No fixed Days
Notice period
$45 - $65
Filing fee
WV Code
Governing law
Magistrate
Court level
Why West Virginia Uses No fixed Days, Not 7
West Virginia Has No Fixed Pre-Filing Notice Period
WV does not require a specific notice period before filing for non-payment. The landlord may file once rent is overdue. However, the lease may specify a notice period. Some WV landlords provide a notice as a courtesy, but it is not legally required for non-payment. A 7-day notice is not mandated by WV law.
West Virginia Notice Periods at a Glance
- No Fixed Notice — Non-Payment: Landlord may file immediately once rent is overdue (unless lease specifies otherwise)
- Lease-Based Notice: The lease may require a notice period that must be honored
- One Month Notice — Month-to-Month (WV Code 37-6-5): One month notice to terminate periodic tenancy
- Immediate — Criminal Activity: For illegal activity on premises
West Virginia Notice Requirements
West Virginia courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: No fixed days for non-payment as required by West Virginia law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in West Virginia
West Virginia law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Court Service
For wrongful occupation actions, the court serves the tenant with the complaint and hearing notice.
Personal Delivery
For any pre-filing notice (if given voluntarily), hand-deliver to the tenant.
Certified Mail
Send voluntary notice via certified mail for documentation.
Document Service
Prepare proof of service for Magistrate Court.
West Virginia Eviction Timeline
The West Virginia eviction process follows a specific timeline from notice through court proceedings to enforcement.
File wrongful occupation action in Magistrate Court (no pre-filing notice required)
Hearing set within 5-10 days; tenant served
Hearing held; if landlord prevails, judgment entered
If tenant does not vacate, writ of possession issued
Sheriff enforces removal
WV evictions are fast — 3-5 weeks uncontested. Contested cases take 5-10 weeks. WV's lack of a pre-filing notice requirement makes it one of the faster eviction states.
West Virginia Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in West Virginia Magistrate Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| Magistrate Court Filing Fee | $45 - $65 |
| Service of Process | $15 - $40 |
| Writ of Possession | $20 - $40 |
| Attorney Fees (optional) | $400 - $1,500 |
| Appeal Filing Fee | $100 |
Sample West Virginia Eviction Notice
Below is a preview of a West Virginia-compliant eviction notice that meets the requirements of WV Code 55-3A-1.
VOLUNTARY NOTICE OF NON-PAYMENT
STATE OF WEST VIRGINIA
Under WV Code Ch. 55-3A
LANDLORD:
Name: [Full Legal Name]
Address: [West Virginia Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
This is a voluntary notice that rent in the amount of $[Amount] is overdue. WV law does not require pre-filing notice for non-payment, but we provide this as a courtesy.
WEST VIRGINIA COMPLIANCE NOTE
West Virginia does not require pre-filing notice for non-payment evictions. The landlord may file immediately in Magistrate Court. A 7-day notice is not required by WV law.