How To Serve an Eviction Notice in West Virginia

How To Serve an Eviction Notice in West Virginia

Last Updated: March 5, 2024 by Roberto Valenzuela

In West Virginia, in order for the delivery of a lease termination or eviction notice to be legal, certain rules and procedures must be followed. If they are not and the case proceeds to court, the case may be postponed or dismissed by a judge.

Who Can Serve Eviction Notices in West Virginia?

In West Virginia, landlords can serve eviction notices and lease termination notices themselves. Landlords may choose to hire a sheriff, process server or independent party over eighteen (18) years old to serve an official notice, but they are not required to do so by law.

When Can Eviction Notices Be Served in West Virginia?

In West Virginia, lease termination and eviction notices can be served immediately on any day of the week and at any time of day.

For a Notice to Quit for nonpayment of rent, the eviction notice used for tenants that do not pay rent in full and on time, a landlord can serve notice the day after rent is due. There is no legal grace period for paying rent in West Virginia, rent is late starting the day after it’s due.

Landlords are not legally required to provide tenants with prior notice for unpaid rent or give them more time to pay a past due balance. Instead, landlords may go to the courthouse and begin eviction proceedings starting the day after rent is due.

Acceptable Forms of Service in West Virginia

West Virginia landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the tenant
  2. Hand delivery to a member of the tenant’s family on the premises, at least 16 years old, who has had the contents of the notice explained to them
  3. Only if the premises are vacant: Posting at a conspicuous place on the premises

Obtaining Proof of Service in West Virginia 

Landlords can show proof that the notice was delivered through the following methods:

  • Hand Delivery – by completing a Declaration of Service at the time of delivery.
  • Posting at the Premises – by taking a photograph and completing a Declaration of Service.

West Virginia Eviction & Lease Termination Notice Forms

Notice Form Grounds
Notice To Quit for Unpaid Rent Eviction for Unpaid Rent
Notice To Comply or Vacate Eviction for Lease Violation
Immediate Notice To Vacate Eviction for Intentional Property Damage /

Eviction for Illegal Activity

7 Day Notice To Vacate Ending a Weekly Lease
30 Day Notice To Vacate Ending a Monthly Lease / No Lease
90 Day Notice To Vacate Ending a Yearly Lease