Eviction In West Virginia

Filing for eviction is rarely a desirable outcome for landlords, but sometimes it becomes a necessary step in protecting your rental business. The legal process of removing tenants from a residential property involves several complex steps, all of which must be handled in compliance with state and local laws.

In West Virginia, the eviction process is governed by specific rules designed to protect the rights of both landlords and tenants. These laws can change, often in response to evolving housing challenges or legislative reform. As a landlord, it’s your responsibility to stay informed about these changes and ensure your procedures align with the latest legal standards. Doing so not only protects your property and investment, but also increases the likelihood of a favorable outcome in court should eviction become necessary.

If you own and manage rental properties in West Virginia, you must follow all applicable state laws regarding lease termination, notice periods, and court procedures. Consulting a legal professional for guidance is always recommended, especially when handling disputes or navigating sensitive situations. In this article, we’ll break down the legal process for eviction in West Virginia step by step.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information. West Virginia’s eviction laws can be found at WV Code § 55-3A, 55-3, and § 55-4.

Reasons for Eviction in West Virginia

In West Virginia, landlords can evict tenants for several legally recognized reasons, including nonpayment of rent, lease violations, and illegal activity. While the state doesn’t have a dedicated landlord-tenant statute like some others, eviction procedures are governed primarily by West Virginia Code § 55-3A and relevant case law. Understanding these reasons can help landlords follow proper legal protocol and avoid costly disputes.

Nonpayment of Rent

Failure to pay rent is the most common cause of eviction in West Virginia. Rent is typically due on the date specified in the lease, and there is no statutory grace period unless explicitly outlined in the lease agreement.

If rent is not paid, the landlord must serve the tenant with a written Notice to Quit for Nonpayment, giving them five days to either pay the full amount due or vacate the premises. If the tenant fails to comply, the landlord can then file an unlawful detainer action in magistrate or circuit court to regain possession of the rental property.

Lease Violations

West Virginia landlords may evict tenants who violate terms of the lease agreement. Lease violations may be curable or non-curable, depending on the nature of the breach. Some common curable violations include:

• Keeping unauthorized pets or guests
• Failing to maintain the property
• Causing minor disturbances or noise complaints

For curable violations, landlords often issue a written notice allowing the tenant a reasonable amount of time (commonly 10 to 30 days) to correct the issue. If the problem persists, eviction proceedings may follow.

Non-curable lease violations (like severe or repeated breaches) may result in a shorter notice period or immediate legal action.

Illegal Activity

Engaging in illegal activity on the premises is a serious lease violation and grounds for immediate eviction in West Virginia. These violations are typically non-curable and may warrant expedited legal proceedings.

Examples of illegal activity that could lead to eviction include:

• Drug production, possession, or distribution
• Criminal assault or threats to neighbors or the landlord
• Property destruction or vandalism
• Harboring fugitives or engaging in fraud

In these cases, landlords may issue a 3- to 5-day unconditional notice to quit, followed by filing an eviction suit if the tenant refuses to vacate.

Other Grounds for Eviction

In addition to the primary reasons listed above, West Virginia landlords may seek eviction under the following circumstances:

• Holdover Tenancy: A tenant remains in the unit after the lease has expired and without the landlord’s consent.
• Owner Move-In or Renovation: In some cases, landlords may terminate a tenancy if they intend to occupy the property themselves or perform major renovations.
• Failure to Renew a Periodic Tenancy: Landlords must follow proper notice procedures to terminate a month-to-month or week-to-week agreement, generally 30 days for month-to-month.

Additional Reading: West Virginia Landlord Tenant Rental Laws & Rights [2025]

Eviction Process in West Virginia

1. Landlord files an eviction lawsuit with the court.
2. Court serves tenant a summons.
3. Tenant files an answer.
4. Landlord and tenant attend court hearing and receive judgment.
5. Tenant gets a specified, court-ordered period to move out.
6. Sheriff returns to forcibly remove the tenant.

The West Virginia eviction process is unusually fast. This is because no prior notice is required before the landlord files for eviction in West Virginia, regardless of the cause, and eviction hearings will often be scheduled only a few days or even the day after the tenant receives a summons to court. In many cases, the tenant first learns that an eviction action has been filed against them through the summons, and they must attend court shortly after with little to no time to prepare.

Furthermore, West Virginia landlords are NOT required to provide tenants an opportunity to pay their rent or cure their violation before the case is filed. This means landlords may file for eviction immediately after a lease violation or missed rental payment without waiting for the expiration of any notice period (WV Code § 37-6-19). Note that landlords still need to provide proper notice if they do not wish to renew a lease with a tenant (seven to 90 days’ notice is required for non-renewals, depending on the length of the rental term).

1. Landlord Files an Eviction Lawsuit with the Court

For West Virginia landlords, the first step in the eviction process is filing a verified Petition for Summary Relief (downloadable here) with either the West Virginia Magistrate or Circuit Court of the county in which the property is located. This action is also called an Unlawful Entry or Detainer action. The petition should include:

• A verification that the landlord is the owner or owner’s agent and has a right to recover possession
• A brief description of the property sufficient to identify it
• A statement that the tenant is wrongfully occupying the property and that they either defaulted on rent, breached a warranty or lease term, or deliberately or negligently damaged the property
• A description of the violation named above
• A request for a judgment for possession of the property (WV Code § 55-3A-1(a))

The landlord will be required to pay a fee to file the action in court. In magistrate court, the amount of the fee depends on the monetary amount claimed (WV Code § 50-3-1(a)):

• For claims ≤ $500: $30
• For claims $500 ≤ $1,000: $35
• For claims $1,000 ≤ $2,000: $40
• For claims ≥ $2,000: $50

In circuit court, the fee is always $200, regardless of the monetary amount claimed (WV Code § 59-1-11(a)(1)).

The landlord also needs to request a date, time, and place for the eviction hearing. The court will fix a time for the hearing, which must be between five and ten judicial days following the request (WV Code § 55-3A-1(b)).

2. Court Serves Tenant a Summons

The next step in the West Virginia eviction process is serving the summons. Immediately after the landlord files the petition, they need to have a notice of the hearing, called a summons, served to the tenant (WV Code § 55-3A-1(c)).

Service of the summons should be made according to Rule 4 of the West Virginia Rules of Civil Procedure. This means the summons must be served, together with a copy of the complaint, by any person who is not a party in the case and is at least 18 years old. Service should be made in one of the following manners:

• Personal delivery to the tenant
• Personal delivery to a member of the tenant’s family above 16 years old
• Personal delivery to the tenant’s agent or attorney
• Certified mail, return receipt requested, by the clerk of the court upon request
• First class mail, postage prepaid, together with all other materials, by the clerk of the court upon request

At the landlord’s request, the clerk of the court can also deliver the summons and complaint to the sheriff, who will serve them to the tenant for a fee. The fee for personal service by the sheriff is $25. The fee for service by certified mail is $10 for each complaint; the fee for service by first class mail is $5 for each complaint (WV Rules of Civil Procedure, Rule 4).

3. Tenant Files an Answer

In addition to specifying the date and time of the hearing, the summons informs the tenant that they may submit a written Answer (downloadable here) with the court within five days of receiving the notice. The tenant’s answer can state any defense they may have or other reason why they should not be evicted. The tenant is not required to submit a written answer, but if they don’t and also fail to appear at the hearing, a default judgment may be granted for the landlord’s immediate possession of the property (WV Code § 55-3A-1(c), § 55-3A-3(a)).

Additionally, either party is allowed to request a continuance, or delay, of the eviction trial. Continuances will only be granted for good cause, and if the tenant requests one, they are required to pay into court any period rent that becomes due (WC Code § 55-3A-3(d)).

Removal to Circuit Court

In certain cases when an eviction is filed in magistrate court, the tenant may request that the case be “removed” to circuit court. A tenant may make this request when they have a defense to the case and would prefer to be heard by a judge (who is a lawyer) rather than a magistrate (not a lawyer). However, the monetary judgment being claimed in the case must be at least $300. If this condition is met and the tenant’s request is approved, the case will be removed to circuit court, which will schedule a hearing to occur within seven to ten additional days (WV Legal Services).

4. Landlord and Tenant Attend Court Hearing and Receive Judgment

On the day of the eviction hearing, the landlord should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of the lease violation. Both the landlord and tenant will present their cases and any evidence to the judge, who will afterwards issue a judgment.

If the judge rules in the landlord’s favor, the court will enter an order granting the landlord immediate possession of the property, in addition to any monetary relief for unpaid rent or damages.

The tenant may choose to file an appeal after the judgment is entered. If this is the case, the court will only order relief for monetary damages, not possession. The tenant is entitled to remain in possession during the pendency of the appeal, unless the lease term has otherwise expired (WV Code § 55-3A-3(g)).

5. Tenant Gets a Specified, Court-Ordered Period to Move Out

The court order will also specify the date and time by which the tenant must vacate the property. There is no specific rule stating how many days the tenant gets, but the court will attempt to set a “fair” date by taking into consideration factors that would cause the need for more time, such as needing to remove furnishings, the possibility of relative harm to the tenant, and any other material facts (WV Code § 55-3A-3(e-f)).

6. Sheriff Returns to Forcibly Remove the Tenant

In some cases, the court may involve the sheriff by default, who will go to the rental unit after the court-ordered deadline to ensure that the tenant vacates the property. In these cases, the removal of the tenant may happen immediately after the deadline. If the sheriff is not already involved, however, and the tenant remains in the unit, the landlord can return to the court to request a Writ of Possession. The writ should be taken to the sheriff’s office and gives the sheriff the authority to remove the tenant. Shortly thereafter, the sheriff will go to the rental unit to oversee the eviction process, forcibly removing the tenant if necessary and restoring possession of the property to the landlord.

Storage Rules

If the tenant leaves behind any personal property in the rental unit after an eviction, landlords in West Virginia must follow the following rules for storing and disposing of it (WV Code § 55-3A-3(f)):

• If the property is clearly garbage or the tenant informs the landlord in writing that it is abandoned (they don’t intend to retrieve it), the landlord may dispose of the property immediately without incurring any liability or responsibility to the tenant.
• For all other property, the landlord can either:
• Remove and store the property somewhere for at least 30 days, after which it can be disposed of without incurring liability. However, one of the following conditions must be met: 1) the tenant has not paid the reasonable costs of storage and removal and has not already taken possession of the stored property, OR 2) the costs of storage equal the value of the property.
• Leave the belongings on the rental property for at least 30 days. After the 30 days, the landlord may dispose of it without liability if the tenant has not returned to reclaim it or paid the reasonable costs of leaving it on the property.

Additionally, if the personal property is worth more than $300 and the tenant has not reclaimed it yet but informs the landlord of their intent to claim it, the landlord must store the property for up to 30 additional days. The tenant is still responsible for reasonable costs of storage and removal (WV Code § 55-3A-3(i)).

Evicting a Squatter in West Virginia

A squatter is a person who moves into a vacant or abandoned property without getting permission from the owner or paying rent. Squatters can usually be charged as criminal trespassers and be evicted like any other tenant. However, some squatters can receive the right to possession by meeting certain state-determined criteria. In West Virginia, squatters must have occupied the property for ten continuous years to invoke West Virginia squatters rights and claim right of possession (WV Code § 55-2-1). Their possession must also be:

• Hostile/Adverse—The squatter must not have a valid lease with the owner
• Actual—The squatter must be actively residing on the property
• Open and Notorious—The squatter is openly and obviously living there.
• Exclusive—The squatter does not share possession of the property with anyone else.
• Continuous—The squatter must hold continuous and uninterrupted possession.

While relatively rare, if a squatter meets all these criteria, they have “color of title”: the right of legal ownership without having a written deed to the property. They can file an action for adverse possession in West Virginia to legally obtain the title to the property. However, in most cases, a squatter will not meet the criteria and can be removed. If you think a squatter is living in your vacant property in West Virginia, you should:

1. Call local law enforcement.
2. Determine whether the person is a trespasser or a squatter.
3. If the person is a trespasser, they can be removed immediately by a police officer.
4. If the person is a squatter, you must contact the sheriff’s office.
5. Send the squatter a notice following West Virginia law.
6. If the squatter does not vacate the premises by the end of the notice period, file for eviction and follow the typical eviction process in West Virginia.
7. Only the sheriff can physically remove a squatter from your property. You cannot do so, and neither can a police officer.

Additional Reading: West Virginia Squatters' Rights & Adverse Possession Laws [2025]

How Much Does Eviction Cost in West Virginia?

This chart shows estimates of the approximate cost of a West Virginia eviction, according to civil procedure in the state and iPropertyManagement. A highly accurate estimate of the cost of a West Virginia eviction is impossible to provide, as cases and circumstances vary so widely. Remember to factor in other losses due to an eviction as well, such as lost rent, time, and stress.

How Long Does Eviction Take in West Virginia?

The chart below shows an estimate of the duration of each part of the West Virginia eviction process timeline. Keep in mind that the length of eviction cases varies widely depending on the complexity of the eviction, the court’s current caseload, and whether or not the tenant contests or appeals the lawsuit.

Eviction Tips for Landlords

The most effective way to avoid the stress and toll of eviction is to prevent it altogether. By taking proactive steps, you can reduce the likelihood of tenant issues down the line. Consider the following best practices:

• Screen applicants thoroughly using credit, criminal, background, and eviction checks to help avoid problematic tenancies from the start.
• Conduct regular property inspections to ensure compliance with lease terms and proper maintenance of the unit.
• Use clear, plain language leases to outline expectations clearly, minimizing confusion and potential disputes.
• Be flexible when possible by offering short grace periods or reasonable accommodations to build trust and reduce tension.
• Keep communication open so tenants feel comfortable reporting issues early, before they escalate.
• Avoid jumping straight to eviction—consider alternatives like payment plans or lease modifications to resolve issues amicably.

Additional Reading: West Virginia Background Checks & Screening Online

If eviction becomes necessary, ensure your case is as strong as possible. Here’s how to protect your legal standing, business, and profits:

• Follow West Virginia court procedures and deadlines closely to avoid delays or case dismissal.
• Maintain organized documentation of all tenant interactions, including payments and violations—these records can be crucial in court.
• Utilize property management software to automate notices and store digital records securely, making retrieval easy if needed.
• Never attempt a “self-help” eviction by changing locks, cutting off utilities, or removing belongings, as these actions are illegal in West Virginia and could lead to serious legal consequences.Conclusion

The eviction process in any state can be long and complex, so hiring an eviction attorney is advised in most cases. It’s also important to note that municipalities and local governments often have stricter laws and requirements for landlords, so be sure to check local statutes as well as state ones. However, by reviewing the legal procedures and West Virginia laws on eviction, you can feel more confident pursuing an eviction in this state.

Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

FAQs

What are the main reasons for eviction in West Virginia?

Landlords in West Virginia can evict tenants for nonpayment of rent, lease violations, and illegal activities. Other reasons include holdover tenancy, owner move-in, and failure to renew periodic tenancy.

How quickly can an eviction process begin in West Virginia?

Eviction proceedings can start immediately after a lease violation or missed rental payment. Hearings are usually scheduled a few days after the tenant receives a summons.

What should a landlord bring to the eviction hearing?

Landlords should bring copies of the lease agreement, the eviction notice with proof of service, the complaint, and any evidence of lease violations.

How long does the eviction process typically take?

The duration varies but generally spans from a week to a few months, depending on complexities, court schedules, and possible tenant appeals.

How should landlords handle tenant belongings left behind after eviction?

Landlords must store tenant belongings for at least 30 days. If unclaimed, the items can be disposed of, provided storage costs meet the property's value.

Court Documents

• Petition for Summary Relief—Wrongful Occupation of Residential Rental Property
• Answer: Wrongful Occupation of Residential Rental Property or Factory Built Home-Site

Additional Resources

• Information for Tenants About Evictions and the Court Process – This booklet for tenants describes the West Virginia eviction process in plain language.
• West Virginia Rules of Civil Procedure – The specific rules of civil procedure and court policies, which apply to the eviction process in West Virginia.