How to Evict a Tenant in West Virginia (2026)
The legal steps for landlords in West Virginia — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In West Virginia a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| 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. Source: W. Va. Code § 55-3A-1(a) |
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| Lease violation | 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. Source: W. Va. Code § 55-3A-1(a) |
| Ending a month-to-month tenancy (no fault) | Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year. Source: W. Va. Code § 37-6-5 |
Local rent-control or just-cause rules can limit evictions: No state rent control law. No enacted statewide preemption of local rent control was found in the code.
Step 2: Write and deliver the notice correctly
| What the notice must say | No statutory pre-filing notice is required for nonpayment; the landlord may file a verified petition for summary relief in magistrate or circuit court (the lease may require notice). After filing, the tenant must be served with notice of the hearing. Source: W. Va. Code § 55-3A-1 |
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| How it must be delivered | A notice to terminate a periodic tenancy must be in writing and may be served on the tenant or on anyone holding the premises (or part of them) under the tenant. For the summary eviction petition, the landlord must serve notice of the hearing under Rule 4 of the W. Va. Rules of Civil Procedure or by certified mail, return receipt requested. No statute authorizes e-mail or text notices. |
Notice forms:
- West Virginia notice to pay rent or quit — requirements and free draft
- West Virginia notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in West Virginia 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
Court timing: Hearing 5–10 judicial days after the petition is filed; written defense may be filed and served within 5 days of the tenant's receipt of notice (as amended by 2025 HB 3272).
Source: W. Va. Code §§ 55-3A-1, 55-3A-3
How long it takes to evict a tenant in West Virginia
For unpaid rent, the notice period is 0 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year. Source: W. Va. Code § 37-6-5 |
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| Someone who was never a tenant (squatter / unauthorized occupant) | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. |
Mistakes that get eviction cases dismissed — or get landlords sued
| Retaliation | No retaliation statute with protected-act list or presumption period. Retaliatory eviction is a recognized defense: the official answer form lists 'action was filed in retaliation for complaints I made about the premises', and § 55-3A-3(g) preserves possession on appeal in retaliatory-eviction cases. |
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| Accepting rent after the notice | No statute addresses whether accepting full or partial rent after a notice waives an eviction. Related rule for ejectment/unlawful detainer based on a rent forfeiture: if anyone with a claim to the premises pays or tenders to the landlord (or the landlord's attorney), or pays into court, all rent and arrears with interest and costs at any time before trial, all further proceedings in the action stop. |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
West Virginia eviction FAQ for landlords
How much notice does a landlord have to give to evict 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.
How do you evict a tenant without a lease in West Virginia?
Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year.
← All West Virginia landlord-tenant rules · Notice deadline calculator
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.