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:
- Hand delivery to the tenant
- 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
- 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 |
Sources
- 1 W.Va. Code § 37-6-19
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Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing the declaration upon the chief door of any messuage, or at any other conspicuous place on the premises, which service shall be in lieu of a demand and reentry; or may commence an action of unlawful detainer, and obtain service either in person or by publication, as in other such actions, which service shall be in lieu of a demand and reentry.
Source Link - 2 W.Va. R. Civ. P. 4(d)(1)(A) & (B)
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Source Link
Service upon an individual other than an infant, incompetent person, or convict may be made by:
(A) Delivering a copy of the summons and complaint to the individual personally; or (B) Delivering a copy of the summons and complaint at the individual’s dwelling place or usual place of abode to a member of the individual’s family who is above the age of sixteen (16) years and by advising such person of the purport of the summons and complaint
