West Virginia Eviction Notice Requirements

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.