A West Virginia eviction notice is the written warning a landlord gives a tenant before filing a wrongful occupation case in magistrate court, and the right notice depends on why you want the tenant out. Unpaid rent, a lease violation, and ending a month-to-month tenancy each have their own rules. Get the type and timing wrong, and the magistrate can send you back to the start.
Which Notice You Need
West Virginia has no single landlord-tenant statute setting one notice period for every eviction. The ground you are evicting on controls the notice.
Unpaid rent. Under W. Va. Code § 37-6-19, a landlord with a right of reentry for overdue rent does not have to send a separate notice to quit before filing. The ejectment or unlawful detainer filing itself serves as the demand. If your lease requires a waiting period or a cure notice before reentry, you have to follow that language before you file anything.1West Virginia Legislature. West Virginia Code 37-6-19 – Right of Reentry; Ejectment; Unlawful Detainer; Judgment by Default
Lease violation or property damage. You pursue removal through a wrongful occupation petition under W. Va. Code § 55-3A-1, and the petition has to describe the specific breach or damage. West Virginia law does not set a statutory cure period for lease violations, so your lease controls. If the lease gives the tenant a window to fix the problem, honor it before you file.
Month-to-month tenancy. Either party can end a month-to-month arrangement with written notice equal to one full rental period, timed so the tenancy ends on the last day of a period. In practice that means at least a full month’s notice.2West Virginia Legislature. West Virginia Code 37-6-5 – Notice to Terminate Tenancy
Year-to-year tenancy. The landlord must give at least three months’ written notice before the end of a yearly term.2West Virginia Legislature. West Virginia Code 37-6-5 – Notice to Terminate Tenancy
None of these notice periods apply if the lease sets a different period, says no notice is needed, or has a fixed end date. A tenant whose lease ends on a stated day already knows when to leave, and no additional notice is required.2West Virginia Legislature. West Virginia Code 37-6-5 – Notice to Terminate Tenancy
What to Put in the Notice
West Virginia does not require a specific form for private landlords, but the notice has to stand up in magistrate court if the tenant does not leave. A workable notice has every one of these pieces.
- Tenant names. Every adult on the lease. Leaving someone off creates complications at the hearing.
- Property address. The full street address, including apartment or unit number.
- Reason for the notice. The specific ground. For unpaid rent, state the amount owed and the period it covers. For a lease violation, name the clause and describe what the tenant did. For a periodic termination, state that you are ending the tenancy.
- Compliance or vacate date. The date by which the tenant must cure the problem or move out. For a month-to-month termination, that date has to fall at the end of a full rental period after delivery.
- Landlord signature and date. Sign and date the notice the day you prepare it. If the property is owned by a business entity, the signer should have authority to act for the company.
Keep a copy before you serve the original. If the case reaches court, the magistrate will want to see your copy alongside proof the tenant received theirs.
How to Deliver the Notice
W. Va. Code § 56-2-1 governs how to deliver a notice when no other method is prescribed. The statute sets three options, used in order.
- Personal delivery. Hand the notice directly to the tenant.
- Substitute service. If the tenant cannot be found, deliver a copy at the tenant’s usual place of abode to a spouse or other household member who is at least sixteen, and explain what the document is.
- Posting. If no one qualifying is available, post the notice on the front door of the residence.3West Virginia Legislature. West Virginia Code 56-2 – Service of Process
Write down the date, time, and method of delivery. For substitute service, record the name of the person who accepted the notice. That record matters if the tenant later says they never got it. Some landlords hire a process server, who provides a signed certificate of service that carries more weight at a hearing than the landlord’s own account.
After the Notice Period Runs
Once the notice period has fully expired and the tenant has neither cured nor moved out, you can file a verified Petition for Summary Relief Wrongful Occupation of Residential Rental Property in the magistrate court for the county where the property sits. The West Virginia Judiciary publishes a standard form (MLTPTWR) for this filing.4West Virginia Judiciary. Petition for Summary Relief Wrongful Occupation of Residential Rental Property
The petition has to be signed under oath and state that you are the owner or the owner’s agent entitled to possession, describe the property, give the specific basis for wrongful occupation, and ask for possession.5West Virginia Legislature. West Virginia Code 55-3A-1 Non-monetary filings in magistrate court cost $50 plus service fees for each defendant; adding a claim for back rent raises the fee based on the amount claimed.6West Virginia Judiciary. Information Sheet – Civil Case Plaintiff
You request a hearing date, and the magistrate sets it no fewer than five and no more than ten judicial days later. You then serve the tenant with notice of the hearing under Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. The hearing notice has to tell the tenant that any written defense is due within five days of receipt and no later than the fifth day before the hearing.5West Virginia Legislature. West Virginia Code 55-3A-1 Once you have the return of service or signed receipt back, file the petition and proof of service with the court. If the tenant does not appear or respond, the magistrate can enter an order granting immediate possession.7West Virginia Legislature. West Virginia Code 55-3A-3
Mobile and Factory-Built Home Sites
Evictions from factory-built or mobile home sites follow different rules under W. Va. Code § 37-15-6. A single-section factory-built home cannot be removed from its site during the first twelve months after placement except for good cause. For a home with two or more sections, that protected period is five years.8West Virginia Legislature. West Virginia Code 37-15-6
Once the protected period has passed or the lease term has ended, whichever comes later, either party can terminate for any reason with at least three months’ written notice. That notice has to state the specific reason with enough detail to identify the date, place, witnesses, and circumstances. Self-help measures like shutting off utilities or physically removing the home are not permitted.8West Virginia Legislature. West Virginia Code 37-15-6 Factory-built housing tenants are also protected against retaliatory eviction under § 37-15-7, and a court that finds the termination retaliatory can block the eviction.9West Virginia Legislature. West Virginia Code 37-15-7 – Retaliatory Conduct Prohibited
Mistakes That Reset the Clock
The most common reason landlords lose time is filing before the notice period has fully run. Serve a one-month notice and file on day 25, and the magistrate will likely dismiss the case. Count the days and wait for the period to end completely.
Vague notices cause the same kind of damage. A notice that says only “you violated the lease” gives the tenant a legitimate argument that they were never properly informed of the problem. Name the clause, describe the conduct, and give dates where you can.
Skipping the hearing-notice requirements under § 55-3A-1 is another frequent stumble. The tenant must get notice of the hearing date and be told about the five-day window to file a written defense. Serving the petition without the hearing notice, or using regular mail instead of certified mail or Rule 4 service, can get the case continued or dismissed.
And never try a self-help eviction. Changing locks, removing belongings, or cutting off utilities is not permitted in West Virginia, no matter how much rent is owed or how clearly the lease was broken. The court process is the only route, and the eviction notice is the first step on it.