West Virginia Eviction Process

Last Updated: September 29, 2022 by Elizabeth Souza

Steps of the eviction process in West Virginia:

1. Landlord serves tenant written notice.
2. Landlord files complaint with court (if unresolved).
3. Court holds hearing & issues judgment.
4. Writ of possession is issued.
5. Possession of property is returned to landlord.

Evicting a tenant in West Virginia can take around one to three months, depending on the eviction type and whether a jury trial or removal to circuit court is requested. If a writ of possession is required, the process could take even longer.

Grounds for an Eviction in West Virginia

In West Virginia, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under West Virginia law. Even so, proper notice must first be given before ending the tenancy.

Eviction for Nonpayment of Rent

In West Virginia, a landlord can evict a tenant for not paying rent on time. No prior notice is needed
[1]
and the landlord may immediately file an eviction action with the court. The tenant does not have the option to fix the issue and must vacate the premises.

Unless the lease states otherwise, rent is due at the beginning of each pay period and is considered late in West Virginia the day immediately after its due date. So for example, if rent is due on the first of the month, it is considered late starting on the second of the month (if not paid in full). There is no right to a legal grace period (i.e., five days).

Once rent is considered late, the landlord can immediately file an eviction action with the court.

Eviction for No Lease or End of Lease

In West Virginia, a landlord can evict a tenant without a lease or with a lease that has ended (known as a “holdover tenant” or “tenant at will”). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
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Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.

Eviction for Violation of Lease or Responsibilities

In West Virginia, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under West Virginia landlord-tenant law. No prior notice
[1]
is needed and the landlord may immediately file an eviction action with the court.

Tenant responsibilities include:

• Abide by all health, safety, fire and housing codes.
• Maintain dwelling unit so it is in a fit and habitable condition.
• Informing landlord of any necessary repairs.

Examples of lease violations:

• Having an unauthorized pet, guest or vehicle.
• Parking in an unauthorized area.
• Not maintaining a certain level of cleanliness.

Step 1: Landlord Serves Notice to Tenant

A landlord can begin the eviction process in West Virginia by serving the tenant with written notice. The notice must be delivered by one of the following methods:

1. Giving it to the tenant in person.
2. Giving it to a member of the tenant’s family who’s over the age of 16 (if tenant cannot be found).
3. Mailing it to the tenant via regular mail.

It is important for a landlord to always maintain a copy of the signed and served notice as proof of proper service of notice. 

30-Day Notice to Quit

For a tenant with no lease or a month-to-month lease in West Virginia, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.

For tenants that don’t pay monthly, the amount of notice differs:

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

No Notice Required

In West Virginia, if a tenant is late on paying rent (full or partial) or if a tenant commits a violation of the terms of their lease or does not uphold their legal responsibilities as a tenant, no prior notice is required.  The landlord may immediately proceed with filing an eviction action with the court.

Step 2: Landlord Files Lawsuit with Court

As the next step in the eviction process, West Virginia landlords must file a complaint in the appropriate magistrate or circuit court. Fees are the same statewide, and vary based on which court the case is filed in.

In Magistrate Court, filing fees range from $30-$50, depending on the amount of back rent or other damages owed. In Circuit Court, the filing fee is $200 regardless of how much is owed.

Generally, the summons and complaint are the only notice a tenant will receive alerting them of the landlord’s eviction plans.

The summons must be served on the tenant before the hearing, by anyone over the age of 18
[6]
who isn’t part of the case via one of the following methods:
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1. Giving a copy to the tenant in person;
2. Leaving a copy at the rental unit with the tenant’s family member;
3. Mailing a copy via certified mail,
   [8]
   with a return receipt; or
4. Publishing
   [9]
   a copy of the summons and complaint (only if all other methods fail).

If the summons is not served on the tenant within 120 days,
[10]
the eviction action may be dismissed, and the landlord will need to begin the process all over again.

Step 3: Court Holds Hearing & Issues Judgment

The eviction hearing will be scheduled for 5-10 judicial days
[11]
after the date the landlord requests a hearing.

If the tenant chooses to file a response to the complaint, it must be done within five days
[12]
of receiving the summons; however, the tenant is not required to file an answer to attend the hearing.

If the case is heard in Magistrate Court, either the landlord or tenant could request that the case be “removed” to the Circuit Court, if the amount of past-due rent or other damages is over a set dollar amount. This could add another 7-10 days to the process.

If the judicial officer rules in favor of the landlord, the judicial officer will choose when a tenant has to move out of a rental unit. This could be immediately after the hearing or even a few weeks later.

If the tenant doesn’t move out by the court-ordered date, a landlord may need to return to court to obtain a writ of possession, depending on the type of eviction case that was filed (which is not the same as the reason the tenant is being evicted).

Step 4: Writ of Possession Is Issued

Depending on which type of hearing it is (i.e., unlawful entry/detainer, ejectment, or removal of tenant), the sheriff may already be scheduled to appear at the final day of the court-ordered deadline to remove the tenant. In those instances, no writ of possession is required.

However, in other cases, if the tenant fails to move out by the end of the court-ordered deadline, the landlord must return to court and request a separate writ of possession to forcibly remove the tenant.

Step 5: Possession of Property is Returned

If the tenant doesn’t move out by the judicial officer’s deadline, the sheriff will return to forcibly remove the tenant.

Depending on the type of eviction case (i.e., unlawful entry/detainer, ejectment, or removal of tenant) this could happen on the final day of the court-ordered deadline, the day after the deadline, or only after a landlord has returned to the court and requested a writ of possession.

If a writ of possession is required, this will add more time to the process.

West Virginia Eviction Process Timeline

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.

Flowchart of West Virginia Eviction Process

For additional questions about the eviction process in West Virginia, please refer to the official legislation, West Virginia Code §55-3A-1 through 55-3A-3, §37-6-1 through 37-6-30 , and West Virginia Rules of Civil Procedure, Rule 4, for more information.