A West Virginia eviction notice is essential for landlords to communicate a lease violation to a tenant and start eviction proceedings against them. Even though West Virginia doesn’t require a notice, a landlord can still issue it to maintain their relationships with their tenants. If the tenant remains unresponsive to an eviction notice, a landlord can go to the local Magistrate Court to file a lawsuit.
By Type
Immediate Notice to Quit for Non-Compliance
Serve the tenant this notice before the eviction process can proceed in court.
30-Day Notice Lease Termination
Give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Eviction Laws & Requirements
- Eviction Lawsuit: Chapter 55, Article 3A (Remedies for Wrongful Occupation of Residential Rental Property).
- Grace Period for Rent Payment: None.
- Late or Non-Rent Payment Notice: None (§ 55-3A-1).
- Notice of Non-Compliance: None (§ 55-3A-1).
- Lease Termination: One full rent period for month-to-month and three months for year-to-year tenancies. (§ 37-6-5).
How to Evict a Tenant in West Virginia
In West Virginia, eviction is governed by §55-3, §55-3A, and §55-4 of the West Virginia Code.
Step 1 – Send an Eviction Notice
Inform the tenant you plan to evict them by giving them notice. Ensure the notice states the eviction reason and how long they have to fix the issue. Depending on the reason, you can decide not to let them cure the breach.
Step 2 – File for Eviction
Because the landlord isn’t required to provide notice, they can proceed directly to the local Magistrate Court to sue for eviction. This is also known as “Unlawful Occupation” or “Wrongful Occupation,” and the court will schedule a hearing no more than ten days from the filing date.
Step 3 – Serve the Tenant
Recruit the assistance of an adult who isn’t involved in the case to issue the summons and complaint to the tenant.
Step 4 – Attend the Court Hearing
Appear at court and prepare to present evidence at the hearing. If a tenant doesn’t respond to a petition or show up at the hearing, the court will deem the landlord as the case’s winner.
Step 5 – Get a Writ of Possession
If the court declares the landlord as the winner or the tenant fails to respond or appear in court, the court will set a vacate date for the tenant. If the tenant still doesn’t move out, the landlord may acquire a Writ of Possession from the court, which allows a police officer to help remove the tenant and their possessions from the property.
Related Court Forms
- Petition for Summary Relief: If a tenant has violated the terms of their lease, a landlord may file this petition to initiate an eviction.
- Answer Form: The tenant uses this form in response to a court summons. It allows them to deny or admit to the landlord’s allegations.
- Writ of Possession: If the landlord has been to court and succeeded in suing for eviction, but the tenant won’t leave, a writ of possession allows the tenant to involve the police department. A police officer may then remove the tenant and their possessions.
