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West Virginia Eviction Notice Forms (2)

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West Virginia Eviction Notice Forms (2)

Updated November 28, 2023

A West Virginia eviction notice is a document a landlord uses to inform a tenant of a lease violation. Under State law, the landlord is not required to give the tenant notice but is recommended for best landlord-tenant relationships. After issuing notice, if the tenant does not respond between 5-7 days the landlord should seek legal advice or file an eviction lawsuit in the Local Magistrate Court.

By Type (2)

Immediate Notice to Quit (Non-Payment/Non-Compliance/Illegal Activity) – The West Virginia State Statutes do not have any laws written to give notice to the tenant for any type of lease violation (according to § 55-3A-1). Therefore, if this form is distributed, it is the landlord informing the tenant of their situation before a petition is filed against them.

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30-Day Notice to Quit (Month-to-Month Tenancy) – This form may be used to inform a party to a month-to-month tenancy that the other party does not intend to renew the tenancy.

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Table of Contents

Eviction Laws

  • Rent Grace Period: No laws.
  • Non-Payment of Rent: No notice required. § 55-3A-1
  • Non-Compliance: No notice required. § 55-3A-1
  • Termination (Month-to-Month Lease): 1 month. § 37-6-5
  • Eviction Lawsuit: Remedies for Wrongful Occupation of Residential Rental Property. § 55-3A-1 55-3A-3

Court Forms

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Petition for Summary Relief – Landlords must file this petition to initiate a wrongful occupation lawsuit (eviction) against a tenant who has violated the terms of their lease.

Answer Form – Tenants will use this document after being served with a notice to appear in court. The form allows the tenant to admit to, or deny, the allegations made by the landlord.

Writ of Possession – If a landlord prevails in an eviction hearing, this court order will direct the sheriff to remove the tenant and return possession of the premises to the landlord.

When is Rent Due

Pair of hands holding small desk calendar.

In West Virginia, the tenant must pay rent on the date it is due, and since there is no notice requirement, the landlord may go straight to court to have the tenant evicted without notifying tenant. The tenant can pay to stay, but it would include all back rent plus any costs and fees associated with the eviction process.

How to Evict (3 steps)

  1. Notify Tenant About Breach
  2. File Complaint in Court
  3. Obtain Writ of Possession If Necessary

1. Notify Tenant About Breach

In West Virginia, a landlord does not need to provide notice to the tenant if they are in default of the lease, whether through non-payment of rent or some other breach. The landlord can go straight to court and file an eviction proceeding. However, depending on the situation, it may behoove the landlord to let the tenant know there is a problem and give them a chance to rectify it assuming you’re ok with the tenant remaining if they rectify the situation.

2. File Complaint in Court

The landlord may proceed to the Magistrate Court with jurisdiction in the area in which the property is located and file a Complaint, also known as a Petition for Summary Relief – Wrongful Occupation. The tenant will have to file an Answer by the time of the court hearing which will be no more than ten days from the filing.

3. Obtain Writ of Possession If Necessary

If the landlord prevails, the court will set a date for when the tenant must vacate from the property. If the tenant still does not move out, the landlord may ask for a Writ of Possession from the court, which authorizes the sheriff to make sure the tenant leaves the property.