West Virginia Eviction Notice Templates (4)

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A West Virginia eviction notice is a form landlords use to notify tenants of lease violations and threaten eviction. West Virginia is one of the few states that doesn’t make notices to quit a legal requirement. If the tenant didn’t pay rent, violated their lease, or caused damage to the rental, the landlord can immediately file a wrongful occupation (eviction) suit to repossess the property.

West Virginia Eviction Notice Templates (4)

A West Virginia eviction notice is a form landlords use to notify tenants of lease violations and threaten eviction. West Virginia is one of the few states that doesn’t make notices to quit a legal requirement. If the tenant didn’t pay rent, violated their lease, or caused damage to the rental, the landlord can immediately file a wrongful occupation (eviction) suit to repossess the property.

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Last updated September 24th, 2024

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A West Virginia eviction notice is a form landlords use to notify tenants of lease violations and threaten eviction. West Virginia is one of the few states that doesn’t make notices to quit a legal requirement. If the tenant didn’t pay rent, violated their lease, or caused damage to the rental, the landlord can immediately file a wrongful occupation (eviction) suit to repossess the property.

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Eviction Notices: By Type (4)

Notice to Quit | Non-Payment (Optional) – For a tenant who has failed to pay rent on time.

 

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Notice to Quit | Non-Compliance (Optional) – Warns a tenant that they must vacate the premises due to a lease violation other than non-payment.

 

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Notice to Quit | Property Damage (Optional) – Used to demand possession from a tenant who has deliberately or negligently damaged the landlord’s property.

 

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1-Month Notice to Terminate | Month-to-Month Tenancy – Used by a landlord or a tenant to terminate a periodic lease.

 

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Notice Requirements

  • Grace Period for Rent – Not mentioned in state statutes.
  • Non-Payment of Rent – None.[1]
  • Lease Non-Compliance – None.[2]
  • Periodic Tenancy Termination – 1 month.[3]
  • Damage to Property – None.[4]

How to Evict a Tenant in West Virginia

Step 1 – Notice to Quit (Optional)

When a tenant is in violation of their lease, the landlord is not required to send them a notice to quit, nor do they have to give the tenant the opportunity to cure the violation. The only mandatory notice to quit is the Notice to Terminate Month-to-Month Tenancy, whereas the following are optional:

Step 2 – Filing Eviction Suit


Any time a tenant has violated their lease, the landlord can file a wrongful occupation (eviction) suit with the magistrate or circuit court in the county where the property is located.

The landlord must file a Petition for Summary Relief and a Civil Summons and pay the appropriate fees. A hearing date and time must be requested as well, which must be between five and ten days from the date of the request.

Step 3 – Notify Tenant of Hearing

After the court sets a hearing date, the landlord must serve the Summons to the tenant. Typically, the landlord will pay the sheriff’s office to serve the hearing notice, but any disinterested party 18 or older can deliver the summons to the tenant in one of the following manners:

  • In-person to the tenant
  • In-person to a member of the tenant’s household over 16
  • In-person to the tenant’s agent
  • Certified mail with return receipt
  • First class mail, postage prepaid

Step 4 – Tenant’s Answer

The tenant must file an Answer within five days of receiving the Summons, with a copy delivered to the landlord.

If the tenant is being sued for at least $2,500, they can request that the case be transferred from magistrate to circuit court to be heard by a judge.

Step 5 – Pay and Dismiss (If Applicable)

If the tenant’s only violation was non-payment of rent, they can dismiss the case by paying all overdue rent, late fees, and court costs before the hearing.

Step 6 – Court Hearing

If the tenant does not attend the hearing, the court will enter an order for immediate possession by the landlord. Should the tenant attend the hearing, both parties will be able to defend their case by making statements and presenting evidence.
If the tenant wins the case, they are permitted to stay on the premises. A ruling in favor of the landlord will require that the tenant pay any damages and rent in arrears and vacate the property within a date set by the judge/magistrate.

Step 7 – Writ of Possession

The landlord may file for a Writ of Possession if the tenant does not leave the property by the date set by the judge/magistrate. This document provides the sheriff’s department with the authority to oversee the removal of the tenant and, if necessary, forcibly remove them.

Sources

  1. § 55-3A-1(a)(3)
  2. § 55-3A-1(a)(3)
  3. § 37-6-5
  4. § 55-3A-1(a)(3)