How to Evict a Roommate in West Virginia (and Other Household Situations)
What West Virginia law says about roommates who are not on the lease, guests who won't leave, family members, renting a room in your own home, and tenancies at will — each with the statute or official source.
Short answer: Under the definitions in W. Va. Code Chapter 37, Article 6A, a tenant is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others (including a roomer), and a rental agreement may be written or oral, express or implied. A roommate not on the written lease can be a tenant through an express or implied agreement with the landlord. A person who is not entitled under a rental agreement and not authorized by the tenant or owner to live there is a 'squatter'. W. Va. Code § 37-6A-1(12), (16); § 55-3C-2(a)
| Roommate not on the lease | Under the definitions in W. Va. Code Chapter 37, Article 6A, a tenant is a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others (including a roomer), and a rental agreement may be written or oral, express or implied. A roommate not on the written lease can be a tenant through an express or implied agreement with the landlord. A person who is not entitled under a rental agreement and not authorized by the tenant or owner to live there is a 'squatter'. Squatter definition: https://code.wvlegislature.gov/55-3C-2/. |
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| Removing a roommate or subtenant | No roommate-specific statute. A periodic tenancy shorter than a year is ended by written notice for one full period before the end of any period (three months before the end of the year for year-to-year), unless a special agreement provides otherwise. Notice to the tenant may be served on the tenant or on anyone holding under the tenant. Source: W. Va. Code § 37-6-5 |
| Guests who won't leave | No statute sets when a guest becomes a tenant. A person who is authorized by the tenant or owner to occupy is not a 'squatter'. For true squatters, an owner can ask law enforcement for removal using a verified complaint, but this alternative remedy cannot be used against current or former owners, current or former lawful tenants, or immediate family members of the owner or tenants. |
| Removing a family member or partner | No statute directly sets a procedure for removing a family member without a lease. West Virginia's law-enforcement removal remedy for squatters expressly does not apply to immediate family members of the property owner or tenants, so that fast-track process is not available against them. Source: W. Va. Code § 55-3C-3 |
| Tenancy at will | West Virginia's notice statute does not separately address tenancies at will. Periodic tenancies of less than one year end on written notice for one full period before the end of any period; year-to-year tenancies end on written notice at least three months before the end of a year. No notice is needed when a tenancy ends at a set time, or where a special agreement says otherwise. Source: W. Va. Code § 37-6-5 |
Never remove someone by changing the locks or taking their belongings: if the person has become a tenant, only a court can order them out. If there is violence or a threat, call 911 and ask about a protective order.
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West Virginia eviction laws · Free legal help in West Virginia · Roommate rules in other states
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.