West Virginia Eviction Notice Forms

Last Updated: January 1, 2024 by Roberto Valenzuela

A West Virginia eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. West Virginia landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.

Types of West Virginia Eviction Notice Forms

Notice Form Grounds Curable?
Notice To Quit for Unpaid Rent Unpaid Rent Yes
Notice To Comply or Vacate Lease Violation Maybe
Immediate Notice To Vacate Intentional Property Damage /

Illegal Activity

No
30 Day Notice To Vacate No Lease No

West Virginia Notice To Quit for Unpaid Rent

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West Virginia Notice To Quit for Unpaid Rent evicts a tenant for nonpayment of rent. In West Virginia, a landlord can file this notice the day after rent is due, with no grace period for the tenant.

Alternatively, a West Virginia landlord may begin eviction proceedings immediately by filing an ejectment or unlawful detainer action in court as soon as rent is late. The case will be dismissed if the tenant pays the past due balance before the court hearing.

West Virginia Notice To Comply or Vacate

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A West Virginia Notice To Comply or Vacate evicts tenants for a lease violation. A lease violation might include property damage, failure to maintain health and safety on the rental property, or interfering with the quiet enjoyment of neighbors.

The landlord may decide to allow the tenants an opportunity to take corrective action during the eviction notice period. If the tenants do not complete corrective action, or the landlord doesn’t allow corrective action, the tenants must move out by the termination date.

West Virginia Immediate Notice To Vacate

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A West Virginia Immediate Notice To Vacate evicts tenants for negligent or deliberate property damage, or for illegal actions on the premises. The tenant is not allowed an opportunity for corrective action, and must move out immediately.

West Virginia 30 Day Notice To Vacate

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A West Virginia 30 Day Notice To Vacate terminates a month-to-month lease, an expired lease, or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.

How to Write an Eviction Notice in West Virginia       

To help ensure the legal compliance of an eviction notice:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. Note the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How to Calculate Expiration Date in West Virginia

The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st. 

In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.

How to Serve an Eviction Notice in West Virginia  

West Virginia landlords may deliver an eviction notice using any of these methods:

  1. Hand delivery to the other party
  2. Posting at a conspicuous place on the premises

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