West Virginia eviction laws without a lease still require a landlord to go through the courts. A verbal agreement to pay rent for a place to live creates a legally recognized tenancy, so ending it takes written notice tied to the rent period and, if the tenant stays, a magistrate court order followed by sheriff removal. Skipping steps gives the tenant grounds to fight back.
A Verbal Arrangement Is Still a Tenancy
When a landlord accepts rent from someone living in the property, that exchange by itself creates a periodic tenancy. The payment schedule sets the type: monthly rent creates a month-to-month tenancy, weekly rent creates a week-to-week tenancy. Terms the two sides agreed to out loud, such as the rent amount and due date, are enforceable even without a signature.
The tenancy renews automatically at the start of each new rental period. Neither side can simply walk away, and specific rules govern how either party ends the arrangement.
Written Notice to End the Tenancy
Before filing for eviction, the landlord has to deliver written notice telling the tenant the tenancy is being terminated. The required length depends on how often rent is paid, and the timing has to line up with the rental period rather than a flat count of calendar days.1West Virginia Legislature. West Virginia Code 37-6-5 – Notice to Terminate Tenancy
- Month-to-month: one full rent period of written notice, delivered before the end of a current rent period. If rent is due on the first and the landlord wants the tenant out by April 1, the notice has to arrive before March 1 so the whole month of March serves as the notice period. A notice handed over on March 5 asking the tenant to be out by April 5 does not satisfy the statute, because it does not cover one full rent period ending at the boundary of a rent period.
- Week-to-week: one full week of written notice before the end of the current weekly period, with the same alignment rule.
- Year-to-year: at least three months of written notice before the end of any yearly term.
The gap between “one full rent period” and a flat 30-day notice trips up many landlords. A plain “30-day notice” will often fail the test because it does not align with the start and end of a rent period. The notice has to be in writing. An oral statement does not count, no matter how clear it was.
The statute lets the landlord serve the notice directly on the tenant or on anyone occupying the property under the tenant, such as a subtenant, and it can be handed to that person at the rental property itself.1West Virginia Legislature. West Virginia Code 37-6-5 – Notice to Terminate Tenancy Keep proof of delivery. A signed acknowledgment, a witness, or certified mail with a return receipt all work if the tenant later claims nothing arrived.
When the Reason Is Unpaid Rent
If the tenant has fallen behind on rent, the landlord does not have to serve the standard one-full-period termination notice first. Nonpayment is a separate ground under West Virginia’s summary relief statute, and the landlord can go directly to filing an eviction petition in magistrate court after the rent goes unpaid.
Tenants in that spot have an important right called pay-and-dismiss. If unpaid rent is the only reason for the eviction, paying all back rent, any late fees, and the landlord’s court costs before the hearing stops the case. Payment has to be in cash, certified check, or money order. A personal check or a promise to pay later will not do it. If the landlord refuses the money, the tenant should bring the funds to the hearing and offer them on the record, and the court should then require the landlord to accept and dismiss the case.
Filing the Eviction Petition
If the tenant does not leave after the notice period expires, or does not pay what is owed in a nonpayment case, the landlord files an eviction petition in the magistrate court of the county where the property sits. West Virginia calls this a Petition for Summary Relief for Wrongful Occupation of Residential Rental Property.2West Virginia Judiciary. Petition for Summary Relief Wrongful Occupation of Residential Rental Property
The petition asks for basic information: the landlord’s name and address, the tenant’s name, the property address, and the grounds for eviction. Grounds can include that the tenancy was properly terminated through written notice and the tenant refused to leave, that rent is unpaid, or that the tenant damaged the property or breached an agreed-upon term. The filing fee for a possession-only eviction is $30, with higher fees if the landlord also seeks a money judgment for unpaid rent.3West Virginia Legislature. West Virginia Code 50-3-1 – Filing Fees in Magistrate Court
The Hearing and the Move-Out Order
After filing, the court issues a summons and a copy of the petition, which must be served on the tenant. Hearings are typically scheduled within ten business days of filing. Both sides get a chance to present testimony and evidence.
If the tenant never appears and files no response, the court enters a default judgment granting immediate possession to the landlord.4West Virginia Legislature. West Virginia Code 55-3A-3 – Proceedings in Court, Final Order, Disposition of Abandoned Personal Property When the tenant shows up and contests the case, the magistrate holds a full hearing. In a nonpayment case, the tenant can defend by showing the landlord breached a material obligation on which the duty to pay rent depends, such as failing to maintain habitable conditions. In other eviction cases, the tenant can raise any relevant defense.
If the court finds the tenant is wrongfully occupying the property, it orders possession to the landlord and sets a move-out date. The magistrate weighs factors like whether the unit is furnished, the potential harm to each side, and other circumstances that affect how quickly the tenant can reasonably relocate.4West Virginia Legislature. West Virginia Code 55-3A-3 – Proceedings in Court, Final Order, Disposition of Abandoned Personal Property
Only the Sheriff Can Remove the Tenant
If the tenant has not left by the court’s deadline, the landlord asks the court to issue an order directing the sheriff to remove them. The statute instructs the sheriff to take precautions to protect both the landlord’s and the tenant’s property during the removal.4West Virginia Legislature. West Virginia Code 55-3A-3 – Proceedings in Court, Final Order, Disposition of Abandoned Personal Property That is the only lawful way to physically remove a tenant who refuses to go.
Doing it any other way is a problem for the landlord. Changing the locks, shutting off utilities, removing a tenant’s belongings, or using threats to force a tenant out all bypass the legal process. These self-help tactics expose the landlord to liability and can undermine their position in court. The statute is explicit that when a tenant refuses to leave after a court-ordered deadline, “the sheriff shall” remove the tenant, not the landlord. A tenant subjected to an illegal lockout or utility shutoff can bring the matter before the court.
If the Tenant Wants to Appeal
A tenant who loses in magistrate court can appeal the judgment to the circuit court. The notice of appeal has to be filed in the magistrate court where the judgment was entered within 20 days. If that window is missed, the circuit court may still grant a late appeal up to 90 days after judgment, but only if the tenant shows good cause for the delay.5West Virginia Judiciary. Information Regarding the Appeal Process
Filing an appeal requires posting a bond and paying a circuit court filing fee. The bond is meant to guarantee payment of the judgment amount and costs if the appeal fails.6West Virginia Legislature. West Virginia Code 58-5-14 – Appeal Bond Generally, Limitation on Amount Tenants who cannot afford the bond and filing fee may request a waiver based on financial hardship.
One point catches tenants off guard: filing an appeal does not let you stay in the property. If the tenancy period has expired, there is no right to remain in possession while the appeal moves forward. A tenant who wins on appeal usually recovers money damages rather than the home itself, unless the case involves a question of title, retaliatory eviction, or breach of warranty.4West Virginia Legislature. West Virginia Code 55-3A-3 – Proceedings in Court, Final Order, Disposition of Abandoned Personal Property
Belongings Left Behind
When a tenant leaves things in the unit after an eviction, the landlord cannot just throw them out. The landlord has to give written notice stating the property is considered abandoned and setting a deadline for the tenant to collect their belongings. The notice must be posted visibly on the property and mailed first class, with a certificate of mailing, in an envelope marked “Please Forward,” to the rental address, any known P.O. box, and any forwarding address the tenant provided.7West Virginia Legislature. West Virginia Code 37-6-6 – Desertion of Leased Property, Disposition of Abandoned Personal Property
The retrieval deadline has to be at least 30 days after the notice was mailed, with a longer window for tenants on active military duty who have notified the landlord of that status. If the tenant does not collect the property by the deadline, ownership passes to the landlord. Higher-value items are treated with an extra storage window when the tenant or someone with a security interest asks for one before the deadline and covers the landlord’s reasonable storage and removal costs.