West Virginia Eviction Laws
West Virginia rules on eviction for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a)
The rules in West Virginia
| Notice for unpaid rent | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. The lease itself may require a notice or cure period. Post-filing, the tenant must be served notice of the hearing (Rule 4 service or certified mail, return receipt requested). Source: W. Va. Code § 55-3A-1(a) |
|---|---|
| Notice for lease violations | No pre-filing notice required by statute for summary relief based on breach of a warranty or leasehold covenant, or on deliberate/negligent damage to the property. Check the lease for any contractual notice/cure requirement. Source: W. Va. Code § 55-3A-1(a) |
How an eviction case works in West Virginia
Eviction cases are heard in: Magistrate court (or circuit court) of the county where the property is located.
- No statutory pre-filing notice required for summary relief based on rent arrears, lease breach, or damage (W. Va. Code § 55-3A-1)
- Owner or agent files a verified petition for summary relief for wrongful occupation of residential rental property
- Court sets a hearing 5 to 10 judicial days after filing; tenant is served by Rule 4 service or certified mail, return receipt requested
- Tenant may file and serve a written defense within 5 days of receiving the notice; a jury demand must be made within 5 days of service
- If the tenant files no answer or appearance, the court grants immediate possession; otherwise a hearing is held on the tenant's defenses
- Order grants possession and sets the date the tenant must vacate
- If the tenant stays past that date, the sheriff removes the tenant
Landlords: how to evict a tenant in West Virginia — steps, costs, timeline and forms.
Eviction court and fees by county
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- Notice Deadline Calculator — Enter the date a notice was delivered and see the date it runs out under your state's law.
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Related questions
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
West Virginia vs. neighboring states
| State | Notice for unpaid rent | Notice for lease violations | Lockouts & utility shutoffs |
|---|---|---|---|
| West Virginia | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) | No pre-filing notice required by statute for summary relief based on breach of a warranty or leasehold covenant, or on deliberate/negligent damage to the property. W. Va. Code § 55-3A-1(a) | Not verified yet |
| Kentucky | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) | URLTA areas: written notice specifying the breach; lease terminates on a date at least 14 days after receipt if not remedied (statute says 'remedied in fifteen (15) days'). A repeat within 6 months allows termination on 14 days' notice without cure. Non-URLTA areas: no statute. KRS 383.660(1) | URLTA areas: if the landlord unlawfully removes or excludes the tenant or willfully interrupts heat, water, hot water, electric, gas or other essential service, the tenant may recover possession or terminate and recover up to 3 months' rent plus reasonable attorney fees. Statewide: a landlord's entry on the possession of a tenant at will or by sufferance is a forcible entry, remediable through a forcible entry and detainer action in District Court. KRS 383.655; KRS 383.200(2)(b), 383.210 |
| Maryland | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) | 30 days' written notice that the tenant is in violation of the lease and that the landlord wants to repossess; 14 days' written notice if the breach involves behavior showing a clear and imminent danger of serious harm. The court may evict only if it finds the breach was substantial and warrants eviction. Md. Code, Real Prop. § 8-402.1(a)(1), (b)(1) | Prohibited. A landlord may not take or threaten to take possession by locking out the tenant, willfully cutting heat, running water, hot water, electricity, or gas to force the tenant out, or by any other action. Possession may be taken only under a court warrant of restitution executed by a sheriff or constable, or after abandonment/surrender. Remedy: actual damages plus reasonable attorney's fees and costs; other remedies also available. Md. Code, Real Prop. § 8-216 |
| Ohio | 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio Rev. Code § 1923.04 | For a tenant's failure to meet obligations under § 5321.05 that materially affects health and safety, the landlord may give written notice specifying the problem and a termination date at least 30 days after receipt; if not remedied, the rental agreement ends. The 3-day notice to leave (§ 1923.04) is then required before filing. Ohio Rev. Code § 5321.11 | Landlord may not recover possession by cutting off utilities or services, excluding the tenant (lockout), or threatening unlawful acts, and may not seize the tenant's belongings to collect rent without a court order. Landlord is liable for all damages plus reasonable attorney's fees. Ohio Rev. Code § 5321.15 |
| Pennsylvania | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) | Lease of 1 year or less or indeterminate term: 15 days' notice to quit. Lease of more than 1 year: 30 days. Illegal-drug grounds under § 505-A: 10 days. Act §§ 501(b), 501(d), 505-A (68 P.S. §§ 250.501, 250.505-A) | Self-help eviction is prohibited: a landlord may not change locks or shut off utilities to evict; the landlord must use the court process. PA AG Consumer Guide (Part V.C); Landlord and Tenant Act Art. V |
| Virginia | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) | Remediable breach: 21 days to remedy, lease terminates not less than 30 days after notice if not remedied. Non-remediable breach: termination not less than 30 days after notice; immediate termination for non-remediable criminal or willful acts threatening health or safety. Repeat breach of like nature: 30-day termination notice without cure. Va. Code 55.1-1245(A)-(E) | Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services. Va. Code 55.1-1243.1 |
More West Virginia rental law
- West Virginia Security Deposit Law
- West Virginia Notice to Vacate Rules
- Landlord Entry Rules in West Virginia
- West Virginia Repairs & Tenant Remedies
- West Virginia Rent Increase & Late Fee Laws
- Squatters' Rights in West Virginia
- West Virginia Rental Fee Rules
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Landlord Selling the House
- West Virginia Lockouts, Utility Shutoffs & Retaliation
- West Virginia Subletting, Lease Endings & Tenant Death
- All West Virginia landlord-tenant rules
- Free legal help in West Virginia
Compare eviction in all 50 states and DC →
West Virginia Eviction Laws FAQ
How much notice does a landlord have to give before evicting for unpaid rent in West Virginia?
No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. (W. Va. Code § 55-3A-1(a))
How much notice is required to evict for a lease violation in West Virginia?
No pre-filing notice required by statute for summary relief based on breach of a warranty or leasehold covenant, or on deliberate/negligent damage to the property. (W. Va. Code § 55-3A-1(a))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.