West Virginia Law: Plain-English Guides

Key West Virginia facts

Security deposit deadline

Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period')

Eviction 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. W. Va. Code § 55-3A-1(a)

Small claims limit

$20,000 in value or amount in controversy. Magistrate courts also hear unlawful entry and detainer of real property when title is not in dispute. W. Va. Code 50-2-1

Small estate affidavit

A successor of a decedent who died domiciled in West Virginia may use a small estate affidavit if the decedent's probate personal property is worth no more than $50,000 in total and the decedent owned no probate real… W. Va. Code § 44-1A-1; § 44-1A-2; § 44-1A-3; § 44-1-28

Minimum wage

$8.75 per hour (since January 1, 2016). The state minimum applies only where the employer has at least six non-exempt employees working at the same separate, permanent work location; W. Va. Code ch. 21, art. 5C

Final paycheck if fired

On or before the next regular payday on which the wages would otherwise be due. Fringe benefits that an agreement says are payable later or on conditions are paid according to that agreement. W. Va. Code § 21-5-4(b)

Time limit to sue on a debt

10 years for an action on a contract in writing signed by the person being sued (or their agent), or under seal. W. Va. Code 55-2-6