West Virginia (WV) eviction guide
Quick answer
West Virginia landlords can file for eviction immediately after rent is late with no mandatory pre-filing notice. The magistrate court schedules a hearing within 5 to 10 judicial days of filing. The full process from filing to physical removal typically takes 3 to 6 weeks depending on the court's schedule and whether the tenant appeals.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity on premises, holdover after lease expiration |
|---|---|
| Minimum notice | No mandatory notice before filing for nonpayment; 30 days for month-to-month holdover; 90 days for year-to-year holdover |
| Where to file | Magistrate Court in the county where the rental property is located |
| Filing fee | Approximately $35 to $60 in Magistrate Court; up to $200 if filed in Circuit Court |
| Typical timeframe | 3 to 6 weeks from filing to physical removal by the sheriff |
West Virginia has no statutory pre-filing notice requirement for nonpayment under WV Code 55-3A-1, but issuing a written 5-day pay-or-quit notice documents the default and gives the tenant a chance to cure before court.
Landlords must provide written notice giving the tenant 10 to 30 days to remedy a non-payment lease violation such as an unauthorized pet or property damage.
When a tenant commits criminal or illegal activity on the premises, the landlord may proceed directly to court without any advance written notice.
To remove a tenant whose lease has expired or who is on a periodic tenancy, the landlord must give written notice at least 30 days (month-to-month) or 90 days (yearly) before the termination date.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Establish a Valid Ground for Eviction | Before filing | Confirm the legal basis: nonpayment of rent, lease violation, illegal activity, or holdover tenancy. Document the ground with lease agreements, payment records, photos, or police reports. |
| 2. Serve Written Notice (Recommended) | 5 to 30 days before filing depending on ground | Although West Virginia does not mandate pre-filing notice for nonpayment, serve a written notice by personal delivery or certified mail. Keep proof of service as it strengthens your court petition. |
| 3. File a Wrongful Occupation Petition in Magistrate Court | Day 1 of filing | File a verified Petition for Summary Relief (Wrongful Occupation) in the Magistrate Court of the county where the property sits. Pay the filing fee of approximately $35 to $60. Attach the lease and any notice documentation. |
| 4. Court Serves Summons on Tenant | Within 1 to 2 days of filing | The court serves the tenant with a summons stating the hearing date. The hearing must be scheduled no fewer than 5 and no more than 10 judicial days after filing under WV Code 55-3A-1(b). |
| 5. Attend the Magistrate Court Hearing | 5 to 10 judicial days after filing | Present your evidence at the hearing. If the tenant does not appear, you may receive a default judgment. The tenant may raise defenses or request a jury trial in writing before the hearing. If the tenant pays all back rent, late fees, and court costs in cash or certified funds before the hearing, the case is dismissed. |
| 6. Obtain and Execute Writ of Possession | 5 to 10 days after judgment | If judgment is in your favor, the court issues a writ of possession. The county sheriff schedules and carries out the physical removal. Landlords must store the tenant's personal property for at least 30 days after the eviction (60 days for active military members). |
Filing a Wrongful Occupation petition in West Virginia Magistrate Court costs approximately $35 to $60; if the case is transferred to Circuit Court, fees rise to roughly $200. Additional costs can include process service fees, attorney fees if you hire counsel, and sheriff fees for writ execution, bringing total out-of-pocket expenses for a contested eviction to $300 to $800 or more.
After a court judgment for possession, the landlord must obtain a writ of possession and have the county sheriff carry out the lockout. Self-help eviction is strictly illegal in West Virginia: a landlord who changes locks, removes doors, shuts off utilities, or physically removes a tenant's belongings without a court-ordered writ faces civil liability for damages and attorney fees. The landlord must safeguard the tenant's remaining personal property for a minimum of 30 days (or 60 days for active-duty military members) before disposing of it.
General information, not legal advice. Governing statute: West Virginia Code Chapter 55, Article 3A (Summary Relief Proceedings for Wrongful Occupation of Residential Rental Property). Self-help eviction is illegal everywhere; always follow the court process.
West Virginia eviction FAQ
Most uncontested evictions resolve in **3 to 6 weeks**. The magistrate hearing is set within **5 to 10 judicial days** of filing; after a judgment, the sheriff executes the writ within roughly another 5 to 10 days. A tenant appeal or jury-trial request can extend the process by several additional weeks.
Filing fees run **$35 to $60** in Magistrate Court. Adding process service, sheriff execution fees, and optional attorney fees, a landlord should budget **$300 to $800** for a typical contested eviction, and less for an uncontested one.
No. West Virginia law prohibits all self-help eviction tactics including changing locks, removing belongings, or cutting utilities. Every eviction requires a court judgment and a sheriff-executed writ of possession; violating this rule exposes the landlord to civil liability.
For nonpayment of rent, **no mandatory notice** is required before filing under WV Code 55-3A-1. For lease violations, a **10 to 30 day** cure notice is required. For holdover tenants, a **30-day** (month-to-month) or **90-day** (yearly) termination notice must be given first.
If nonpayment is the **sole** ground for the eviction, and the tenant pays all past-due rent, late fees, and court costs in cash, certified check, or money order before the hearing begins, the case must be dismissed. Personal checks are not accepted for pay-and-dismiss purposes.
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