West Virginia Eviction Laws
West Virginia allows a landlord to seek eviction for nonpayment of rent, breach of a lease covenant, or property damage by filing a verified petition directly in magistrate or circuit court -- no pre-filing notice to pay or vacate is required by statute.
Key Rules
- Nonpayment Notice
- No pre-filing notice to pay or vacate is required by statute -- the landlord may file a verified summary-eviction petition directly in magistrate or circuit court
- Periodic Tenancy Notice
- 1 month written notice for month-to-month termination
- Just Cause Required
- No — no just-cause eviction requirement
- Rent Control
- No rent control in West Virginia
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
Applicable Statutes
Summary eviction procedure: a landlord who believes a tenant is wrongfully occupying the property -- due to unpaid rent, breach of a lease covenant, or property damage -- may file a verified petition in magistrate or circuit court. The court schedules a hearing 5 to 10 judicial days after filing, and the tenant, once served notice of the hearing, has 5 days to file a written defense.
Not confirmed against its source · checked
Notice to terminate a periodic tenancy: a tenancy from year to year requires at least 3 months' written notice before the end of the year to terminate. A periodic tenancy of less than one year -- such as month-to-month -- may be terminated by notice of one full rental period (e.g., one month for a month-to-month tenancy).
Not confirmed against its source · checked
Legal Aid Resources
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.