How to Evict a Tenant in West Virginia: Laws, Process, and Timeline
West Virginia Eviction Timeline 2026: No Statutory Notice Before a Nonpayment Filing, a Hearing 5 to 10 Judicial Days Out, and a Pay-Before-Trial Rule
In West Virginia, removing a residential tenant for unpaid rent, a broken warranty or lease covenant, or damage to the property runs through the summary petition for wrongful occupation in W. Va. Code § 55-3A-1, filed in magistrate court or circuit court; ending a periodic tenancy without cause is governed by the notice rule in § 37-6-5.
Grounds and Notice Periods
| Ground | Notice Period | Statute | Curable? |
|---|---|---|---|
| Non-payment of rent (tenant “in arrears in the payment of rent”) | None required by statute — the petition’s required contents don’t include a prior notice or demand; but if the lease specifies a time before the landlord may re-enter for unpaid rent, ejectment or unlawful detainer proceedings can’t begin until that time has elapsed | W. Va. Code § 55-3A-1(a)(3); § 37-6-19 | Yes, before trial — in an ejectment or unlawful detainer action, paying or tendering all rent and arrears with interest and costs to the landlord or the landlord’s attorney, or paying them into court, before the trial ends all further proceedings (§ 37-6-23), and a tenant facing an article 3A petition can raise any defense available in those actions (§ 55-3A-2). Article 3A also names the landlord’s breach of a material covenant on which the duty to pay rent depends as a rent-case defense (§ 55-3A-3(b)). In an ejectment or unlawful detainer action for rent in arrear (§ 37-6-19), after the judgment is executed, a tenant who within 12 months — personally or through someone on the tenant’s behalf — pays the arrears with interest and costs, or files a bill in equity for relief against the forfeiture, is not barred from being restored (§ 37-6-20) |
| Breach of a warranty or a leasehold covenant | None required by statute; if the lease specifies a time before re-entry for a broken covenant or condition, ejectment or unlawful detainer proceedings wait until it has elapsed (§ 37-6-19) | W. Va. Code § 55-3A-1(a)(3) | No statutory cure in article 3A |
| Deliberately or negligently damaging the property, or knowingly letting someone else do it | None before filing | W. Va. Code § 55-3A-1(a)(3) | No statutory cure in article 3A |
| Month-to-month or other periodic tenancy under a year, no-cause | Written notice for one full period before the end of any period (a month for month-to-month, a week for week-to-week), unless the lease fixes a different notice period | W. Va. Code § 37-6-5 | N/A |
| Year-to-year tenancy, no-cause | Written notice at least three months before the end of any year | W. Va. Code § 37-6-5 | N/A |
| Holdover after a lease whose term ends on a set date | None — § 37-6-5 says no notice is necessary for a tenant whose term is to end at a certain time; the remedy is an unlawful detainer summons, available for three years after the detainer begins | W. Va. Code §§ 37-6-5, 55-3-1 | N/A |
On West Virginia’s wrongful-occupation track, § 55-3A-1 asks for no notice period before the verified petition is filed (a re-entry period written into the lease is the exception, under § 37-6-19), and once it is filed, § 55-3A-1(b) requires the court to set a hearing not less than five nor more than 10 judicial days after the filing. Note that the fast track covers rent arrears, a breached warranty or lease covenant, and property damage; a tenant simply staying past a fixed lease end isn’t among the grounds listed in § 55-3A-1(a)(3).
The Court Process
- File. The landlord files a verified petition in the magistrate court or circuit court of the county where the property is located, stating ownership, describing the property and the arrearage, breach or damage, and asking for possession (§ 55-3A-1(a)).
- Hearing date. The court schedules the hearing not less than five nor more than 10 judicial days after the petition is filed (§ 55-3A-1(b)).
- Serve. The landlord has notice of the hearing served under Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. The notice tells the tenant that a written defense may be filed and served within five days of receiving it (§ 55-3A-1(c)). The tenant can raise any defense available in an ejectment or unlawful detainer action (§ 55-3A-2).
- Hearing. Continuances are for cause only, and a tenant who is granted one must pay into court any rent that comes due during the continuance (§ 55-3A-3(d)). If the tenant hasn’t appeared or filed any answer by the hearing, the court enters an order granting immediate possession (§ 55-3A-3(a)).
- Order of possession. If the court finds wrongful occupation, the order grants immediate possession and sets the time by which the tenant must vacate, weighing factors such as whether the unit is furnished and the relative harm to each side (§ 55-3A-3(e), (f)).
- Appeal window. A magistrate court judgment can be appealed to circuit court as a matter of right by requesting the appeal within 20 days after the judgment, or within 20 days after a decision on a motion to set it aside. The appellant posts a bond of at least the reasonable court costs of the appeal and no more than the judgment plus those costs, collected with the circuit court filing fee by the magistrate court clerk when the appeal is filed; no bond is required of a person permitted to proceed without prepayment under § 59-2-1. If the appeal isn’t perfected within the 20 days, the circuit court may still grant one, no later than 90 days after the date of judgment, on a showing of good cause. Filing or granting the appeal automatically stays further proceedings to enforce the judgment (§ 50-5-12(a)). But while the appeal is pending, the tenant isn’t entitled to stay in possession if the tenancy period has otherwise expired (§ 55-3A-3(g)).
- Removal. If the tenant is still there after the time set in the order, the order itself directs the sheriff to remove the tenant forthwith (§ 55-3A-3(f)).
What This Costs
Confirm the current filing and service fees with the magistrate court or circuit clerk before filing.
Removal and Belongings Follow the Court Order
Article 3A ties both removal and the tenant’s belongings to the court order: it is the sheriff, under the order, who removes a tenant who stays past the vacate date (§ 55-3A-3(f)), and a landlord’s options for property left behind start only after that date. Garbage, or property the tenant has said in writing is abandoned, can be disposed of right away; anything else can be stored or left in place and disposed of after 30 days if the tenant hasn’t paid the reasonable costs and taken it back (§ 55-3A-3(h)). If the property is worth more than $300 and the tenant or a secured creditor announces an intent to collect it, the landlord must hold it up to 30 more days, as long as storage and removal costs are paid (§ 55-3A-3(i)). Retaliatory eviction shows up in the statute as one of the issues that can restore a tenant to possession on appeal even after the lease term has expired (§ 55-3A-3(g)).
Frequently Asked Questions
Does a West Virginia landlord have to give written notice before filing for nonpayment of rent? Not under § 55-3A-1. The statute lists what the verified petition must contain — the landlord’s right to possession, a description of the property, the arrearage, and a request for possession — and a prior notice or demand isn’t on that list. Two other rules can still change the timing: a lease that specifies a time before the landlord may re-enter for unpaid rent holds off an ejectment or unlawful detainer case until that time has passed (§ 37-6-19), and paying or tendering all rent and arrears with interest and costs before the trial ends the proceedings (§ 37-6-23).
Is the no-cause notice for a West Virginia month-to-month tenancy always exactly 30 days? No. Section 37-6-5 requires written notice for one full period before the end of any period, so a monthly tenancy needs a full month ending at a period boundary, a week-to-week tenancy needs a week, and a year-to-year tenancy needs three months before the end of the year. A lease that fixes a different notice period, or says no notice is needed, overrides that default.
How quickly does a West Virginia court schedule a hearing after a nonpayment filing? Within a fixed window: § 55-3A-1(b) requires the hearing to be set not less than five nor more than 10 judicial days after the petition is filed.