If you’re a landlord seeking to evict a tenant, use a West Virginia (WV) eviction notice to begin the process. Your eviction notice must be written according to West Virginia state law and give your tenant the legally required amount of time to respond or move out.
Eviction notices in West Virginia are also known as:
- West Virginia Notice to Vacate
- West Virginia Notice to Quit
- West Virginia Notice to Pay or Quit
West Virginia Eviction Notices by Type
Download a free eviction notice customized for West Virginia state law below in MS Word (.docx) or Adobe PDF format.
30-Day Lease Termination: Use this notice to let a tenant know that you’re ending a month-to-month lease and that they must prepare to leave your property. In West Virginia, landlords must give tenants 30 days’ notice to move out if they’re on a month-to-month lease.
Notice to Quit for Non-Compliance: Use this notice to begin evicting a tenant if they’ve broken the terms of your lease. In West Virginia, landlords must serve the tenant this notice before the eviction process can proceed in court. Depending on the terms outlined in the eviction, tenants may have the option to fix (or “cure”) the problem and avoid eviction.
Notice to Pay Rent or Quit: Use this notice to evict a tenant if they haven’t paid rent on time. In West Virginia, a landlord must deliver a notice in writing before proceeding with the eviction process. The law doesn’t specify how many days a landlord must give a tenant to pay their rent, so it falls on the landlord to decide.
If you wish to send a letter simply reminding your tenant that rent is late (without the threat of eviction), use a late rent notice.
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 tenancies, 3 months for year-to-year tenancies. (§ 37-6-5)
What is the Eviction Process in West Virginia?
Step 1: File for eviction
In West Virginia, an eviction notice is not required to start the eviction process. Landlord’s can allow their tenant to correct their rental violation 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 a 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 10 days from the filing date.
Step 2: Schedule a court hearing
The landlord may now 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 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 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.
Eviction Information for West Virginia Landlords and Tenants
Just because landlords in West Virginia don’t have to give notice before filing eviction claims doesn’t mean they can bypass the eviction process altogether. You must have a court order before shutting off utilities, changing locks, or removing the tenant’s property from the unit. It’s also illegal for a landlord to evict based on discriminatory or retaliatory reasons.
To protect yourself and your property, be sure you understand the eviction laws of West Virginia or contact an attorney before evicting a tenant.
Citizens in West Virginia have specific rights as tenants. Here are some useful ones to aid them when facing eviction: