West Virginia Eviction Notice Template (W. Va. Code § 55-3A-1)
Before a landlord can file an eviction case, most states require a written notice that tells the tenant what is wrong and how long they have to fix it or move out. Answer the questions below to create a clear, professional notice — then check it against your state and local rules before you serve it.
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Free to preview[Landlord or property manager name]
[Your address and phone for the tenant to reach you]
October 15, 2026
To: [Tenant name(s)]
and all other occupants of
[Rental property address]
Re: [Type of notice] — [Rental property address]
Dear [Tenant name(s)],
This letter is formal written notice to you as the tenant of the property at [Rental property address]. Type of notice: [Type of notice].
The reason for this notice is as follows:
[Reason for this notice]
Within [Notice period in days] days after this notice is delivered to you, you must [What the tenant must do within that time]. If this notice is delivered to you on October 15, 2026, that period ends on October 15, 2026.
This notice is given in connection with West Virginia Code § 55-3A-1, under which a landlord may seek possession of residential rental property through a court proceeding.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
[Landlord or property manager name]
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
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How eviction notices work in West Virginia
West Virginia does not set a fixed statewide notice period before a landlord can file for unpaid rent or a lease violation. Under W. Va. Code § 55-3A-1, a landlord may petition the magistrate court or circuit court for summary relief when the tenant is behind on rent, has breached a lease covenant, or has damaged the property, though the lease itself may require notice first. A month-to-month tenancy can be ended by notice for one full rental period before the end of a period.
Even though state law does not require a pre-filing notice for nonpayment, many landlords send a written demand first, which creates a record and gives the tenant a chance to pay. The notice should state the amount owed or the lease term that was broken and the date by which the tenant must act. Under W. Va. Code § 37-6-5, written notice ends a periodic tenancy, and a lease can set a different notice period or say none is needed.
The landlord files a verified petition, and the court schedules a hearing no fewer than 5 and no more than 10 judicial days after filing. The tenant is served with notice of the hearing and may file a written defense within 5 days of receiving it. If the court finds the tenant is wrongfully occupying the property, it orders possession to the landlord, sets the time to vacate, and directs the sheriff to remove a tenant who stays past that time.
What to do, step by step
Check your state and local rules first
Look up the notice period, required wording and delivery method for your state, county and city. Many places set different periods for unpaid rent, lease violations and ending a tenancy, and some cities add their own just-cause rules.
Fill in the notice
Answer the questions above. Name every adult tenant on the lease, state the facts plainly and enter the exact number of days your rules require.
Serve it the way your state requires
States specify how a notice must be delivered — commonly hand delivery, leaving it with an adult at the home, posting and mailing, or certified mail. A notice served the wrong way may have to be redone.
Record how and when you served it
Write down the date, time, method and who delivered it, and keep a copy of the notice. Courts often ask for this proof of service.
Wait out the full notice period
Don't change the locks, remove belongings or shut off utilities. If the tenant fixes the problem, accept it as your rules require; if not, the next step is filing an eviction case in court.
What if the tenant doesn't respond to the notice?
An eviction notice is not an eviction. It is the written warning most states require before you can go to court. If the notice period ends and the tenant hasn't paid, fixed the violation or moved out, the next step is to file an eviction case — often called an unlawful detainer or summary possession case — with your local court.
Until a judge rules in your favor and a court officer such as a sheriff or marshal carries out the order, the tenant has the right to stay. Changing the locks, removing the tenant's belongings, cutting off utilities or otherwise forcing them out is a so-called self-help eviction, which is illegal in nearly every state and can expose you to damages.
Courts look closely at the notice itself. If the period was too short, the wording missed something your state requires or it was delivered the wrong way, the case can be dismissed and you may have to start over. Your local court's self-help center or a landlord association can tell you what your court expects.
Example West Virginia eviction notice
A filled-in sample with made-up details, so you can see the finished result.
Greenway Rentals LLC
PO Box 2210, Lakeview, MN 55401 · (555) 201-4478
October 5, 2026
To: Taylor Brooks and Jamie Brooks
and all other occupants of
56 Willow St, Unit 3, Lakeview, MN 55402
Re: Notice to pay rent or quit — 56 Willow St, Unit 3, Lakeview, MN 55402
Dear Taylor Brooks and Jamie Brooks,
This letter is formal written notice to you as the tenant of the property at 56 Willow St, Unit 3, Lakeview, MN 55402. Type of notice: Notice to pay rent or quit.
The reason for this notice is as follows:
Rent of $1,450 for the month of September 2026, due on September 1, 2026, has not been paid, despite a reminder sent by email on September 10.
The total amount of rent now due is $1,450.00.
Within 14 days after this notice is delivered to you, you must pay the full amount of rent owed or move out of the property. If this notice is delivered to you on October 5, 2026, that period ends on October 19, 2026.
This notice is given in connection with West Virginia Code § 55-3A-1, under which a landlord may seek possession of residential rental property through a court proceeding.
If you do not do so within that time, I intend to file an eviction case with the court to recover possession of the property. You will have the opportunity to respond in court, and you may not be removed from the property unless a court orders it. I will not remove you or your belongings or change the locks without a court order.
If you have questions about this notice, or wish to discuss payment or resolving the issue, please contact me in writing at the address above.
Sincerely,
Greenway Rentals LLC
Date this notice was delivered: ____________________
Method of delivery: ____________________
Delivered by: ____________________
Frequently asked questions
Does a West Virginia landlord need to give notice before filing for unpaid rent?
State law does not set a fixed pre-filing notice period for nonpayment. A landlord can file a petition for summary relief in magistrate court or circuit court. Check the lease, because many leases require written notice or a grace period before filing.
How much notice ends a month-to-month tenancy in West Virginia?
Under W. Va. Code § 37-6-5, a periodic tenancy of less than a year can be ended by notice for one full period before the end of a period. A lease can set a different period. Give the notice in writing and state the end date.
What happens at a West Virginia eviction hearing?
The hearing is held 5 to 10 judicial days after the petition is filed. If the tenant files no response, the court grants immediate possession. Otherwise the court hears the defenses, and if the landlord wins, the order sets when the tenant must leave.
Can a West Virginia tenant raise defenses in court?
Yes. Under W. Va. Code § 55-3A-2, the tenant may raise any defense available in an ejectment or unlawful detainer action. If a tenant asks for a continuance, the tenant must pay rent that comes due during the delay into court.
How much notice do I have to give a tenant?
It depends on your state, sometimes your city, the type of notice and the lease. Periods for unpaid rent can be as short as a few days or as long as a month, and notices ending a month-to-month tenancy are often 30 days or more. Check your state's landlord-tenant law and any local ordinance before serving.
Is an eviction notice the same as being evicted?
No. A notice only starts the process. If the tenant doesn't comply, the landlord must file a case in court and win a judgment. Only a court order, carried out by a sheriff, marshal or similar officer, can legally remove a tenant from the property.
FairLetter is not a law firm and does not provide legal advice. Letters are templates you customize and send yourself.