How to Evict a Tenant in West Virginia
Step 1 – Send an Eviction Notice to the Tenant
Send an eviction notice to the tenant following the procedures in W. Va. R. Civ. P. Rule 4, meaning you can follow one of these three methods:
- Hand deliver the notice to the tenant.
- Hand deliver the notice to a family member of the tenant who lives on the premises. This family member must be at least 16 and receive an explanation of the notice’s contents.
- Post the notice at an obvious place on the property (only if the premises is vacant).
While issuing notice is polite, you don’t have to, according to state law. If you don’t want to issue a notice, you can begin with step two.
Step 2 – File an Eviction Petition in Court
File a petition for wrongful occupation with the Magistrate Court in the county in which the property is located. The petition to the court should include the following information:
- The property owner’s name
- Proof of property ownership
- A property description
- A statement outlining the tenant’s wrongful occupation
- A request for possession of the property from the court
- A request for a hearing
Timeline
It will take five to ten days to receive a hearing date, during which time the tenant may vacate.
Step 3 – Serve Tenant Papers
An adult over 18 who is not a party to the case must deliver a copy of the summons and complaint to the tenant. You can pay the court clerk to have the sheriff deliver the summons and complaint in person. If the summons and complaint are undeliverable in person, you can send a copy by certified mail.
Timeline
A tenant who wishes to contest the eviction must file an answer with the court within five days of receiving the summons and complaint.
Step 4 – Attend the Court Hearing
Appear on the day and time of the court summons. Both the landlord and tenant get to present evidence in court.
When a tenant fails to respond to an eviction petition or appear at a hearing, the court enters an order giving the landlord immediate possession of the property. However, if the tenant asserts that they failed to pay rent due to the landlord’s breach of lease, the court will proceed to a hearing on the issue.
The same is true if the tenant chooses to raise a defense regarding damage to the property (W. Va. Code § 55-3A-3).
Timeline
A hearing will take place five to ten days after the landlord asks for it. The court adds another seven to ten days to the original date if the landlord or tenant requests the case’s removal from the Magistrate Court to a Circuit Court.
Step 5 – Obtain a Writ of Possession
When an eviction ruling is in your favor, a judge will set a date by which the tenant must vacate the property. If the tenant has not voluntarily left the property by the end of that period, you can ask the court for a Writ of Possession. This document allows local law enforcement to oversee the eviction process.
Following the issuance of a Writ of Possession, a sheriff will be employed to return possession of the property to the landlord.
Eviction Reasons
Per the Federal Fair Housing Act, landlords can’t evict tenants because of their race, ethnicity, national origin, gender identity, religious practices, familial status, sexual orientation, or disability.
Additionally, West Virginia landlords cannot evict tenants in retaliation for asserting their rights as renters. For example, complaining to local housing authorities regarding rental conditions cannot be grounds for a tenant’s eviction (Renter’s Rights (WV Attorney General Office)).
Residential property owners can initiate eviction proceedings when the tenant:
- Is behind on rent.
- Breaks the lease terms.
- Deliberately or negligently damages property or allows another person to do so.
- Has committed or is currently committing a criminal activity on the property.
All of the aforementioned reasons are at-fault evictions because they resulted from the tenant’s behavior. The other type of eviction is a no-fault eviction, occurring when the landlord ends the lease for a reason other than the tenant’s actions. Explore the two types of eviction below:
At-Fault Evictions
1. Immediate Notice to Pay Rent or Quit
When a tenant fails to pay rent, pay on time, or pay in full, you can let them remedy the situation or move forward with eviction. Even though West Virginia doesn’t require you to provide tenants advance written notice when petitioning the court for an eviction hearing, you may still consider sending an initial eviction notice.
An immediate notice to quit that you send via certified mail makes the tenant aware of your intentions and also provides proof that they received the notice.
Overview
- Use this notice if a tenant is behind on rent and whether you allow them to remedy the breach.
- It instructs the tenant to pay rent or vacate the property.
- The landlord dictates the accepted payment period if they offer one.
- Use it to initiate communication with the tenant as you petition the court for a wrongful occupation judgment.
2. Immediate Notice for Noncompliance
If a tenant breaches the lease, you may provide an option to remedy or ask them to vacate by sending an immediate notice to quit for noncompliance. Housing unauthorized pets, subletting without permission, and exceeding occupancy limits are just a few examples of noncompliance with the lease agreement.
Overview
- Use this notice if a tenant has breached the lease agreement.
- It tells the tenant to address the violation in a reasonable amount of time or vacate the property immediately.
- Use it to initiate communication with the tenant as you petition the court for a wrongful occupation judgment.
No-Fault Evictions
The manner in which the eviction process works will depend on whether you give the renter the option of continuing their lease if they meet their obligations.
You may simply wish to discontinue a tenant’s lease at the end of the rental period due to the sale of the property, a change in occupancy, or other reasons. Here’s a notice you can use for a no-fault eviction:
1. Notice to Terminate a Month-to-Month Tenancy
Overview
- This 30-day lease termination notice can be used for tenants on month-to-month leases.
- Use it to discontinue the rental agreement (of any length) if you provide at least 30 days’ notice.
- It instructs the tenant to vacate the property in 30 days.
- State law explains that you should send it one month before the end of the current lease term (W. Va. Code § 37-6-5).
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Fixed term | Less than one year | 30 days |
| End of Lease | No | Monthly | Month-to-month | 30 days |
| Overdue Rent | At the landlord's discretion | Any | Any | Immediate |
| Lease Violation | At the landlord's discretion | Any | Any | Immediate |
Tenant Rights in West Virginia
Tenants in West Virginia are protected from dangerous living conditions, unfair or retaliatory evictions, and swift disposal of their personal property. They also have a right to privacy in their rental units and are entitled to a return of their security deposits or an itemized explanation of withheld charges.
Safe and Hygienic Living Conditions
A tenant can file a claim against their landlord, suing for damages if they believe the landlord has violated their right to fit and habitable housing. All health, safety, fire, and housing codes should be up-to-date to ensure safe and hygienic living conditions for the tenant (W. Va. Code § 37-6-30).
The landlord is responsible for the cost of standard repairs and routine maintenance. It’s illegal for property owners to charge tenants for those expenses except in cases when the tenant’s carelessness or neglect caused the damage.
Response to Eviction Proceedings
Renters have the right to present a defense against eviction proceedings (W. Va. Code § 55-3A-2). If a tenant contests an eviction lawsuit and wins their appeal, a judge can award them monetary damages.
The court will not restore possession of the rental property if the lease has already expired unless there are questions of property title, retaliatory eviction, or a breach of the lease agreement (W. Va. Code § 55-3A-3(g)).
Disposal of Personal Property
If a tenant doesn’t remove personal belongings from the rental property by the date and time the court establishes, they have the right to:
- Inform the landlord in writing that the property is abandoned or constitutes waste. In this case, the landlord may dispose of the property.
- Have their belongings removed from the property and stored for 30 days at their own expense. After that time, the landlord can dispose of any unclaimed items.
- Have personal property worth more than $300 stored for up to an additional 30 days with payment of required fees when the tenant or another interested party informs the landlord of their intention to remove it. Such individuals are responsible for removal and storage costs.
Landlords may also choose to leave unclaimed personal belongings in the rental property for 30 days and then dispose of them if the tenant has not taken possession or paid reasonable costs to continue to store the items (W. Va. Code § 55-3A-3).
Return of Security Deposit
Tenants have the right to receive their full security deposit or an itemized list of alleged damages within 60 days of vacating a rental property. If the landlord doesn’t meet these obligations, the tenant can file a civil lawsuit to recover unreturned monies plus one and a half times the amount of the security deposit (W, Va. Code § 37-6A-2).
Unlawful Evictions
It’s against the law for a landlord to change locks, shut off utilities, refuse to make repairs, or forcibly remove a tenant from a rental unit without going through the court system. Furthermore, landlords cannot seize or impound a tenant’s property to collect rent owed.
Resources
- HUD: Provides state-specific resources for renters in need of legal assistance.
- Legal Aid of West Virginia: Offers assistance to any party representing themselves in court.
- American Apartment Owners’ Association: Provides an overview of landlord-tenant law.
- West Virginia Senior Legal Aid: Lists resources for seniors dealing with housing issues.
- West Virginia Legal Services: Helps West Virginians obtain legal help and understand their rights.