West Virginia Notice To Quit for Unpaid Rent

Last Updated: March 5, 2024 by Roberto Valenzuela

A West Virginia Notice To Quit is a letter which complies with state legal standards to begin an eviction against a tenant for nonpayment of rent. The landlord may file eviction in court immediately if the tenant cannot pay upon delivery of this notice, but it is common practice to grant the tenant three (3) to five (5) days to pay before filing.

When To Use a West Virginia Notice To Quit for Unpaid Rent

A West Virginia Notice to Quit begins the eviction process when a tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

Some types of West Virginia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a West Virginia Notice To Quit for Unpaid Rent

To help ensure the legal compliance of a Notice To Quit:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and payment necessary to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating 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 Serve a West Virginia Notice To Quit for Unpaid Rent

West Virginia landlords may deliver a Notice To Quit using any of these methods:

  1. Hand delivery to the tenant
  2. Hand delivery to a member of the tenant’s family on the premises, at least 16 years old, who has had the contents of the notice explained to them
  3. Only if the premises are vacant: Posting at a conspicuous place on the premises

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.