In West Virginia, landlords are not required to provide written notice to tenants prior to beginning an eviction action with the court if the reason for eviction is nonpayment of rent or a violation of the rental agreement.
However, landlords may still choose to give the tenant an eviction notice if they prefer, even though it’s not required under the law.
Read further to learn about what information is required on an eviction notice for it to be valid, legally acceptable ways of delivering notices, and types of notices for all possible grounds for eviction.
Information Required for all West Virginia Eviction Notices
Under West Virginia law, a landlord is expected to provide some basic information on all eviction notices, including :
- The date of the notice
- The date the tenant needs to move out
While not directly spelled out in West Virginia state law, it could also be a good idea to include:
- The name and contact information of the landlord or the landlord’s agent/representative
- The name and contact information of the person being evicted
- The date and signature of the landlord or landlord’s agent
Acceptable Ways of Delivering Eviction Notices
According to West Virginia court rules, a landlord is allowed to “deliver” the written eviction notice to the tenant by:
- 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 the tenant isn’t home)
- Leaving it at the tenant’s workplace with a clerk or someone who is “in charge”
- Faxing it to the tenant’s place of work or home
- Mailing it to the tenant via regular mail
Certified mail is not required under West Virginia law.
Types of Eviction Notices
Each possible ground for eviction has its own process and notice requirements.
Eviction Notice for Non-Compliance: Notice to Quit
When a tenant has violated the terms of a rental agreement/lease for any reason (including nonpayment of rent, illegal activity, and any other breach), a West Virginia landlord can give the tenant written notice stating what parts of the lease were violated, and give the tenant time to correct the issue if the landlord so chooses.
However, West Virginia law does not require the landlord to give advanced notice at all prior to an eviction for violating the lease/nonpayment of rent, nor does it require landlords to give tenants the option to correct the violation.
If the reason for eviction was nonpayment of rent, and the tenant pays past-due rent (and any associated costs) in full prior to the eviction hearing, the eviction proceedings will be stopped .
Landlords who choose to give their tenants an eviction notice may use the template included below.
Get the downloadable Notice to Quit form template below (.pdf direct link).
Lease Termination Notice for Tenants at Will: 7/30-Day Notice
If West Virginia landlords want to terminate a lease for any reason other than a lease violation/nonpayment of rent, then they must give their tenants 90 days’ written notice in order to terminate yearly tenancies.
For week-to-week tenancies, the landlord is required to give at least 7 days’ written notice informing the tenant that the tenancy will end.
For month-to-month tenancies, the landlord is required to give at least 30 days’ written notice.
Get the downloadable 7-Day Notice for Tenants at Will form template below (.pdf direct link).
Get the downloadable 30-Day Notice for Tenants at Will form template below (.pdf direct link).