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Eviction rules depend on the state. Which state is the rental in?

West Virginia eviction laws

Notices, deadlines, court and tenant rights in West Virginia — in plain English.

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Overview

The court case
Summary eviction (petition for summary relief for wrongful occupation of residential rental property)
Court
Magistrate Court (or Circuit Court) for the county where the property is located
Main laws
W. Va. Code ch. 55, art. 3A (summary eviction), esp. §§ 55-3A-1 to 55-3A-3; W. Va. Code § 37-6-5 (termination of periodic tenancies); W. Va. Code ch. 37, art. 6A

Just-cause protection

No statewide law

West Virginia has no just-cause law. A month-to-month tenancy can be ended with one month's notice, and a fixed lease ends on its end date. (W. Va. Code § 37-6-5)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — no notice required

No pre-filing notice is required by state law. Once rent is in arrears, the landlord may file a verified petition for summary relief in magistrate court. Follow any notice the lease requires.

  • Many landlords still send a written demand for rent; it can help show the tenant knew of the debt. Check the lease for any required notice.
  • In nonpayment cases, the tenant may be able to stop the eviction by paying the rent owed plus costs before judgment; the magistrate can also order rent paid into court during the case.
The tenant broke the lease or rules — no notice required

No pre-filing notice is required by statute. The landlord may file for summary relief when the tenant breaches a covenant or warranty in the lease. Follow any notice or cure period in the lease.

  • Double-check with the court: If the lease requires a notice or cure period before termination, it must be followed.
The lease ended and the tenant stayed — no notice required

A fixed-term lease ends on its end date without notice. If the tenant stays after the lease expires, the landlord may file for summary relief.

  • Accepting rent after the lease ends can create a periodic tenancy that must be ended with notice.
Ending a month-to-month tenancy (no fault) — Notice to Terminate Tenancy

A month-to-month tenancy is ended by written notice of at least one full rental period (one month), ending at the end of a rental period. Week-to-week needs one week; year-to-year needs 3 months before the end of the year.

Notice to Terminate Tenancy

Notice period
30 days (week-to-week: 7 days, month-to-month: 30 days, year-to-year: 90 days)
Counting
Serve at least one full rental period before the end of a rental period; the tenancy ends on the last day of that period.
Tenant can fix it?
No
Must include
  • Tenant name(s) and address
  • Statement that the tenancy ends on a stated date that is the end of a rental period
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; Certified mail (return receipt); First-class mail. Deliver in writing; hand delivery or certified mail with return receipt gives proof.
Law
W. Va. Code § 37-6-5
Illegal activity, violence or serious damage — no notice required

No pre-filing notice is required. The landlord may file for summary relief when the tenant (or someone the tenant allows) deliberately or negligently damages the property, or breaches the lease through illegal activity.

How a tenant responds

The petition and summons tell the tenant the hearing date, which is set 5 to 10 judicial days after the petition is filed. The tenant may file written defenses within 5 days after being served and should appear at the hearing. If the tenant does not respond or appear, the landlord can win by default.

Deadline: 5 days after being served · W. Va. Code §§ 55-3A-1, 55-3A-2

City and local rules

  • No West Virginia city adds eviction notice requirements.

Official court forms

Landlords

  • MLTPTWR — Petition for Summary Relief — Wrongful Occupation of Residential Rental Property
  • MLTSMWO — Civil Summons: Wrongful Occupation of Residential Rental Property or Factory-Built Home Site

Tenants

  • MLTAWWO — Answer: Wrongful Occupation of Residential Rental Property or Factory-Built Home Site

All West Virginia forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.