Home » West Virginia Eviction Laws and Eviction Process

West Virginia Eviction Laws and Eviction Process

SherRon Marcek

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Eviction Laws
West Virginia landlord tenant laws, West Virginia eviction laws, West Virginia renters’ rights, West Virginia Eviction Process

A reference of West Virginia eviction laws, and steps of the West Virginia eviction process for landlords and renters, updated 2021.

  • What are the reasons for eviction under West Virginia eviction laws?
  • What notice do West Virginia eviction laws require that landlords provide tenants before starting the eviction process?
    • No notice is required for a landlord to evict a tenant based on nonpayment of rent or non-compliance with the lease agreement. 
    • A landlord may end a month-to-month tenancy with a 30-day notice or a year-to-year tenancy with a 3-months’ notice. (W.V. Code § 37-6-5)
  • Do West Virginia eviction laws allow landlords to use “self-help eviction” methods, such as locking a tenant out of the rental unit or shutting off the utilities? 

Eviction Process in West Virginia: Step-by-Step

The eviction process in West Virginia involves the following six-step process:

  1. Landlord files complaint. In West Virginia, notice is not typically required before initiating the eviction process in West Virginia. A landlord can give their tenant an opportunity to cure their lease violation or to pay overdue rent if they want, but they are not required to. 

    The landlord files the complaint with the local magistrate court. This is known as an Unlawful Occupation claim. The landlord prepares a Petition for Summary Relief – Wrongful Occupation. The petition must include the following information:
    • A signed affidavit
    • A statement that the plaintiff is the owner or agent of property where the tenant resides
    • A brief description of the property
    • A statement that the tenant is behind on rent, has breached a provision in the lease, or has deliberately or negligently damaged the property and specifics regarding such violation
    • A request that the property be returned to the owner

      The court schedules a hearing between five and ten days after the filing date. 
  1. The tenant responds to the complaint. The landlord is responsible for having the tenant legally served with the legal documents through personal service or by certified mail, return receipt requested. This includes a notice that the tenant must submit any defense to the petition in writing within five days of receiving the notice. The landlord is responsible for filing proof with the court that the tenant was properly served.
  2. Parties attend the hearing. If the tenant does not respond or the court rules in favor of the landlord, the court sets a vacate date for the tenant. 
  3. The landlord obtains a Writ of Possession. If the tenant fails to vacate by the date set by the court, the landlord can request and obtain a Writ of Possession from the court. The landlord provides this document to the sheriff, which gives them the legal authority to physically remove the tenant from the rental unit. 

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**Blog Article Disclaimer*

This blog article is provided for informational purposes only and does not constitute legal advice. The content is intended to offer general information and should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances.

While we strive to keep the information accurate and up-to-date, laws and regulations are subject to change, and the legal landscape may vary based on jurisdiction. Therefore, we make no representations or warranties regarding the completeness, accuracy, reliability, or suitability of the information contained in this article.

Reading, accessing, or using the information provided in this blog does not create an attorney-client relationship between the reader and the author, and any reliance on the information is at your own risk. If you require legal advice or assistance, it is crucial to consult with a qualified attorney who can consider the specifics of your situation and provide advice accordingly.

The author and the platform disclaim any liability for any loss or damage incurred by individuals or entities as a result of the information presented in this blog. We recommend consulting a legal professional before making decisions or taking action based on the information provided in this article.

This disclaimer is subject to change without notice, and it is the responsibility of the reader to review and understand the disclaimer before relying on the information contained in the blog article.

PayRent is on a mission to build a rent collection app that fosters a positive and productive relationship between renters and landlords. We focus less on transactions and more on the people behind them.

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