West Virginia landlords seeking to remove tenants need clear guidance on the eviction process and laws, and many feel genuine pressure as they navigate each requirement.
Property owners review common grounds for eviction, the legal steps that follow, the timelines involved, and core West Virginia landlord-tenant laws. This guide offers steady direction and practical clarity for anyone who manages rental housing in the state.
How West Virginia Law Defines Eviction
An eviction in West Virginia occurs when a landlord removes a tenant from a rental property for specific reasons and follows the state’s strict eviction protocols from start to finish. Landlords rely on these rules to keep each step clear and enforceable.
West Virginia outlines its eviction laws in West Virginia Code, Chapter 37, Article 6 and Chapter 55, Article 3A. These sections define the landlord and tenant’s duties and establish the legal framework for every eviction case in the state.
Eviction With Just Cause
Just cause in West Virginia refers to a legally supported reason that allows a landlord to start the eviction process, such as unpaid rent, staying past the lease term, or breaking a material lease rule.
Landlords in West Virginia can evict tenants when they establish just cause. The law recognizes several grounds, including continued nonpayment of rent, major lease violations, or illegal conduct on the property. Each ground requires the landlord to issue the correct Notice and then file an unlawful detainer action in court.
These rules provide landlords with a clear structure and tenants with a defined set of expectations. Landlords strengthen their case by documenting every just cause detail, as thorough records support their claim if the dispute reaches court.
Applicable law: West Virginia Code 37-6, West Virginia Code 55-3A
No-Fault Evictions
Landlords in West Virginia may end a fixed-term lease without just cause by allowing the agreed term to expire. The law does not require a landlord to renew a fixed-term lease, and the tenancy ends when the lease expires.
For month-to-month tenants, landlords may end the tenancy without just cause by giving written notice at least 1 month before the next rental period. This rule applies to every no-fault termination and provides tenants with clear advance notice before the tenancy ends.
Applicable law: West Virginia Code 37-6-5, West Virginia Code 37-6-6
Grounds for Eviction in West Virginia
Landlords in West Virginia may evict tenants for several legally supported reasons, including:
Non-Payment of Rent
West Virginia law sets no mandatory grace period for late rent, so rent becomes overdue once the due date passes unless the lease grants extra time. After rent becomes overdue, the landlord may issue a Notice to Quit for Nonpayment of Rent, which demands payment in full or requires the tenant to leave the property. This notice gives the tenant a final chance to correct the problem before the case reaches court and helps the landlord document a clear timeline.
Applicable law: West Virginia Code 37-6, West Virginia Code 55-3A
Lease Violations
A rental agreement sets the rules of the landlord-tenant relationship, and when a tenant breaks those rules, landlords in West Virginia have clear grounds to start eviction proceedings. Examples include building an unauthorized backyard fire pit, keeping a banned dog breed in a no-pet unit, or mounting a second satellite dish that harms the exterior siding. Each action alters the property or ignores a term that the lease never allowed.
Lease agreements protect both parties and work best when everyone understands the expectations.
Applicable law: West Virginia Code 37-6, West Virginia Code 55-3A
Illegal Use of the Premises
Under West Virginia law, landlords may evict tenants who engage in illegal criminal conduct on or within the rental property. Examples include running a narcotics operation in the basement, storing stolen catalytic converters in the garage, starting repeated assaults in the parking area, or operating an unlicensed gambling setup in the living room.
Each above situation threatens the property and the people around it, and the law gives landlords clear authority to act when a tenant turns the home into a site for criminal activity.
Applicable law: West Virginia Code 55-3A
Tenant Actions that Threaten Health or Safety
West Virginia law permits landlords to act when a tenant creates a clear health or safety risk within the rental unit. Serious hazards, unsanitary conditions, or dangerous actions give landlords a strong basis to require corrections or to proceed with eviction if the tenant refuses to fix the problem.
A few examples of health and safety violations in West Virginia include:
- Blocking required emergency exits with storage items.
- Allowing garbage to pile up in a way that attracts pests.
- Disabling smoke detectors or other required safety devices.
Landlords should document each issue, deliver written notice, and follow the steps required under West Virginia law if the tenant fails to correct the violation. Careful records support the landlord’s position if the case proceeds under the state’s laws or warranty of habitability.
Applicable law: West Virginia Code 37-6-30, West Virginia Code 55-3A
Destruction or Neglect of the Rental Unit
West Virginia law permits landlords to act when a tenant causes severe damage to the rental unit or neglects the property in a way that harms its condition. Damage beyond ordinary wear and tear gives the landlord a firm basis to require repairs or to proceed with eviction when the tenant refuses to fix the problem.
Landlords strengthen their case by collecting dated photos, written statements, repair estimates, and copies of any related communications. Detailed records show exactly what occurred and support the landlord’s position if the dispute reaches court under the state’s wrongful occupation rules.
Applicable law: West Virginia Code 55-3A
Tenant is in a Month-to-Month Rental Contract
West Virginia landlords do not need a reason to end a month-to-month rental agreement. When they decide to end the tenancy, they must give at least 1 month of written notice and issue a proper Notice to Quit. If the tenant stays past the deadline, the landlord may file an eviction case in court.
Applicable law: West Virginia Code 37-6-5, West Virginia Code 37-6-6
Step-by-Step Eviction Process in West Virginia
The eviction process in West Virginia follows a defined legal structure that guides landlords through each requirement.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
Landlords in West Virginia must first identify the reason for eviction, whether for nonpayment of rent, a lease violation, illegal activity, or a no-fault termination. For nonpayment or a serious lease breach, state law allows immediate filing with no required waiting period.
When the issue allows correction, such as a curable lease violation, the landlord may issue a Notice to Cure or Quit and give the tenant a reasonable deadline to fix the problem. Some violations, such as illegal activity, qualify as non-curable under state law, so the landlord may proceed without offering a chance to correct the behavior.
Landlords must follow West Virginia service rules, which include personal delivery or posting at the unit when no one is available. Clear service helps avoid delays once the case reaches court.
Notice Forms & Timelines
- Immediate Notice to Quit for unpaid rent or a serious lease violation, with no required waiting period
- 30 Day Notice to Quit to end a month-to-month tenancy
- Notice to Cure or Quit for correctable lease violations, with timing based on the lease and the landlord’s discretion
Applicable law: West Virginia Code 55-3A, West Virginia Code 37-6
2. File an Eviction Lawsuit Against the Tenant
Once the notice period expires or the tenant fails to fix a curable lease violation, the landlord will proceed with the formal eviction process. The landlord will file a petition for summary relief for wrongful occupation in the county Magistrate Court or, in some cases, the county Circuit Court. This filing starts the court phase of the eviction and puts the matter before a judge.
Filing fees in West Virginia vary by county but often range from 30 to 60 dollars in Magistrate Court. After the landlord files the paperwork, the court clerk will set a hearing date and time and notify both parties. The landlord will then prepare any evidence and wait for the scheduled hearing.
Applicable law: West Virginia Code 55-3A-1
4. Attend the Eviction Hearing
When the court date arrives, the landlord and tenant, or their legal representatives, will appear before a West Virginia Magistrate Court judge. Each side will present its position. The landlord will outline the grounds for eviction, explain the notice timeline, and show how the tenant received proper service.
The judge may request documents, photos, repair estimates, payment records, communication logs, or witness testimony. The judge will weigh the evidence and consider each statement before moving the case to the next stage.
Applicable law: West Virginia Code 55-3A-3, West Virginia Code 55-3A-4
5. Court Reaches a Ruling
After the hearing, the judge will review all information presented by both parties and weigh each detail carefully. Under West Virginia law, the hearing will occur between 5 and 10 judicial days after the landlord files the petition, so rulings often follow soon after.
If the judge rules in the tenant’s favor, the tenant will retain possession of the property under any terms the court sets. If the judge rules in favor of the landlord, the landlord will receive a judgment for possession and may take steps to enforce it. The tenant may appeal the decision to the Circuit Court within 20 days, which keeps the case active until the higher court reviews it.
Applicable law: West Virginia Code 55-3A-1, West Virginia Code 55-3A-3
6. Judge Issues a Writ of Possession
If the judge rules in favor of the landlord, the court will issue a Writ of Possession. This document authorizes law enforcement to remove the tenant and return the rental unit to the landlord. The landlord will request the writ once the judgment becomes final, and the court will set the last deadline before the tenant must leave.
After the Writ of Possession is issued, the tenant will have one final opportunity to vacate the property voluntarily.
Applicable law: West Virginia Code 55-3A-3, West Virginia Code 55-3A-4
7. Law Enforcement Executes the Writ of Possession
If the deadline passes and the tenant still has not vacated the rental property, the sheriff will enforce the eviction. The landlord will deliver the Writ of Possession to the sheriff, and the sheriff (not the landlord) will set a date for the tenant’s removal and the return of control of the unit. The landlord will coordinate with law enforcement and make sure the property is accessible on the scheduled day.
West Virginia law outlines how landlords must handle belongings left behind after an eviction. The landlord must store the property for 30 days, prepare an inventory, and send a written notice explaining how the tenant may reclaim the items. If the tenant does not retrieve the property within 30 days, the landlord may dispose of it. Even after regaining possession, the landlord must continue to follow these requirements until the full 30-day period ends.
Applicable law: West Virginia Code 55-3A-3a, West Virginia Code 55-3A-4
Tenant Defense Against Eviction in West Virginia
An eviction in West Virginia can disrupt a tenant’s entire life, from daily routines to long-term stability. Losing housing creates real pressure, and tenants often look for any way to steady their situation and understand how to respond.
Tenants facing eviction can gather documents, communicate in writing, and address issues early, rather than waiting for the case to escalate. Clear payment plans, organized records, and prompt follow-up often reduce tension and lead to workable solutions outside the courtroom.
When the process feels overwhelming, tenants should seek legal guidance. Legal Aid of West Virginia offers free or low-cost assistance, helping tenants review options, complete forms, and prepare for hearings.
Timelines to Expect
In West Virginia, an eviction can be completed in 1 to 3 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the West Virginia eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 30-90 Calendar Days |
| Court Issuing/Serving Summons | 10-120 Calendar Days |
| Tenant Response Period | 5 Business Days |
| Court Ruling | 5-10Business Days |
| Court Serving Writ of Possession | ~1-21 Business Days |
| Final Notice Period | 1-3 Calendar Days |
Flowchart of the West Virginia Eviction Process
Typical Court Fees
The cost of an eviction in Washington D.C. for all filing, court, and service fees can vary based on the court’s venue and service fees. For cases filed in Magistrate Court, the average cost is $80. For cases filed in Circuit Court, the average cost is $250.
| Fee | Magistrate | Circuit |
| Initial Court Filing | $30+ | $200 |
| Summons Service | ~$25 | ~$25 |
| Writ of Possession Service | $25 | $25 |
| Notice of Appeal Filing (Optional) | $200 | $200 |
Handle the West Virginia Eviction Process Confidently
Landlords manage many moving parts during the West Virginia eviction process. To assist them, property management software helps landlords track notices, store documents, and keep communication organized from start to finish.
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