Updated December 13, 2022
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
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.
Download: Adobe PDF, MS Word (.docx), OpenDocument
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
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
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 (Process)
Step 1 – 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.
Step 2 – 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.
Step 3 – 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.
Video
How to Write (Notice to Quit)
1 – Put the Documents In Order
Save the “West Virginia Notice To Quit” by selecting the “PDF,” “ODT,” or “Word” buttons below the jpeg image on the right. Also, ready a valid in effect copy of the Rental Agreement that is at the heart of the Notice you are issuing.
2 – Record Recipient Identity
Report the Name of each individual Recipient on the first line of this page. There will be a space reserved for this purpose following the word “To.”
3 – Provide Facts On Lease
Below the Recipient Name will be two statements meant to introduce the Property and the Lease this Notice holds in its consideration.
The first term to require information will follow the term “…City of.” There will be an area to fill in the Name of the City where the concerned Property is located. The second space to be tended to will follow the phrase “…County of” where you must report the City where the Leased Property is found. The Zip Code of the Leased Property will need to be supplied after the phrase “…State of West Virginia, Zip Code. This statement will also require the Building Number and Street listed for the Property. If the Leased Property has a separate Unit Number a space at the end of this sentence has been provided as it must be reported.
The Signature Date listed on the Lease for the applicable Rental Property must be presented in the next sentence. This will be in a written format in the spaces around the phrase “day of.” You will need to enter the Calendar Date, Month, and Year.
4 – Notify Recipient of Required Action
Next, we will need to specify the subject matter and Terms to be conveyed through this document. This may be done by selecting the check box next to the Notification you wish to issue. The first three Notification Statements have been developed to address Tenant Recipients guilty of an unacceptable violation. The last two Notification Statements have been developed to provide the Notice required when ending a Month To Month Tenancy.
To notify Tenants that an Overdue Payment of Rent must be submitted immediately upon receiving this document or they must return the Property identified above to the possession of the Landlord, mark the “Nonpayment” check box.
To notify Tenants who have committed a violation against Lease Terms that their transgressions must be corrected or release possession of the Property immediately, mark the “Noncompliance” check box.
To notify Tenants, who are guilty of an “Illegal Activity,” that as a result of breaking the law they must vacate the Rented Property in Three Days, mark the “Illegal Activity” check box. The illegal Tenant activity must be reported on the blank line in this statement.
To notify Tenants in a “Month To Month Tenancy” of the expiration of their Lease, mark the fourth check box. The exact Date the Landlord desires this agreement to end must be reported across the spaces in this statement. Note: This day may be any Date Thirty Days after the next Date the Tenant is expected to pay rent.
To notify Landlords, in a “Month To Month Tenancy,” of the expiration of their Lease, mark the fifth check box. The Tenant must provide the Desired Termination Date by reporting the Day, Month, and Year in this statement. This Date is required to be at least Thirty Days after the next Payment Date.
5 – Inform of Mandatory Compliance
The paragraph introduced with the words “You are further notified that…” is a disclosure of the Landlord’s insistence (if applicable) this Notice be complied with. Any issuing Landlord or Landlord Agent must sign his or her Name on the blank line following the term “Landlord/Agent Signature.”
6 – Required Delivery Verification
The Delivery Agent will need to document the Day, Month, and Year of the Calendar Date this notice was Delivered on. Additionally, this party must report the Name of the individual who accepted this paperwork. Both of these pieces of information may be reported in the Certification Statement in the “Certificate of Delivery” section.
Next, the individual delivering these documents must check one of the three Delivery Method statements. It is strongly recommended the Agent filling out this portion of the form read these statements carefully before attempting Delivery and mark the appropriate one at the time of Delivery. The Certificate of Delivery demands for the Signature of the Deliverer on the Signature Line provided in order for this section to be considered valid.
