A West Virginia eviction notice is essential for landlords starting tenant eviction proceedings. This notice adheres to West Virginia state law, outlining the grounds for eviction and granting the tenant the legally stipulated period to address the issue or vacate the property.
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?
Step 1: File for Eviction
In West Virginia, an eviction notice is not required to start the eviction process. Landlords can allow their tenant to correct their rental violations before filing and involving the court. The landlord may give their tenant a late rent notice or attempt to agree on lease termination.
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 2: Schedule a Court Hearing
The landlord may proceed to the county’s magistrate court, where their property is located, to file their complaint. This is also known as a Petition for Summary Relief – Wrongful Occupation. The tenant must respond before the court hearing.
Step 3: Evict the Tenant
If the court rules in favor of the landlord or the tenant fail 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 allegations made by the landlord.
- 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.