West Virginia Eviction Notice Forms

Last Updated: January 4, 2022 by Elizabeth Souza

A West Virginia lease termination form for at-will tenants is a written document that states year-to-year tenants have 90 days to vacate the premises.

Types of West Virginia Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

West Virginia law does not require the landlord to give advanced notice prior to an eviction for violating the lease or nonpayment of rent, nor does it require landlords to give tenants the option to correct or “cure” the issue.

Grounds Time Curable?
Lease Termination 7/30/90-Day No

7/30/90-Day Lease Termination Notice (No Lease/End of Lease)

If West Virginia landlords want to terminate a lease for any reason other than a lease violation or nonpayment of rent, landlords must give tenants at least as much notice as the rental period.

The amount of time required in the notice depends on the type of tenancy.

  • Week-to-Week – If rent is paid on a week-to-week basis, a landlord must provide the tenant with a 7-Day Notice to Quit .
  • Month-to-Month – If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit .
  • Year-to-Year – If the tenancy is from year-to-year, a landlord must provide the tenant with a 90-Day Notice to Quit .

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

Get the downloadable 90-Day Lease Termination Notice form template below (.pdf direct link).

What to Include in West Virginia Notices

West Virginia doesn’t specify what information must be included on an eviction notice at the state level. However, it’s a good idea to include:

  • The date the tenancy will terminate;
  • The reason for the eviction; and
  • The tenant’s name and contact information.

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

Delivering Eviction Notices in West Virginia

According to West Virginia court rules, landlords can serve the notice on tenants through any one of the following methods:

  • Giving it to the tenant in person;
  • Giving it to a member of the tenant’s family who’s over the age of 16 (if tenant cannot be found);
  • Leaving it at the tenant’s workplace with a clerk or someone who is “in charge”;
  • Faxing it to the tenant’s workplace or home; or
  • Mailing it to the tenant via regular mail.

Note that certified mail is not required under West Virginia law.

Eviction Process in West Virginia

  1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
  2. If uncured and tenant remains, the complaint is filed and served.
  3. Hearing is held and judgment issued.
  4. If an eviction is granted, a Writ of Possession is posted at the property, giving final notice to the tenant to remove their belongings.
  5. Finally, the sheriff returns possession of the property to the landlord.

To learn more about the eviction process in West Virginia, click here.

Sources