Filing fees, sheriff costs, attorney fees, and lost rent, under W. Va. Code § 37-6 (Landlord and Tenant)
A West Virginia eviction typically runs $962-$2,969 uncontested and $2,299-$8,929 contested, under W. Va. Code § 37-6 (Landlord and Tenant). Lost rent is almost always the largest line item.
Evicting a tenant in West Virginia involves specific procedures and costs. This guide provides a direct overview for landlords operating 1-20 units, focusing on the practical financial implications and legal requirements. West Virginia's approach to landlord-tenant law, primarily governed by W. Va. Code § 37-6 (Landlord and Tenant), presents a distinct framework that impacts both the timeline and expense of an eviction.
The key regulators in West Virginia are the local Magistrate Courts, which handle all eviction proceedings. Understanding their procedural requirements is essential to avoid delays and added costs. Unlike some states, West Virginia does not have statewide just-cause eviction requirements. This means landlords generally have more flexibility in terminating tenancies, though proper notice is always mandatory.
For non-payment of rent, a 7-day notice is required before you can file an eviction complaint. For no-cause termination of a month-to-month tenancy, a 30-day notice is necessary. Missing these notice periods, or delivering them improperly, is a common landlord mistake that can reset your timeline and force you to restart the process, incurring additional attorney fees and court costs.
The practical bottom line for a West Virginia landlord is this: expect to spend money and time. Even a straightforward, uncontested eviction will cost you. Initial court filing fees typically range from $100 to $200, depending on the county. Service of process by a sheriff or private process server adds another $30 to $75. If you hire an attorney, which is highly recommended for landlords unfamiliar with the process, legal fees can easily start at $500 to $1,500 for an uncontested case. Contested evictions, those involving tenant defenses or counterclaims, will cost significantly more, often exceeding $2,500.
Don't attempt to self-help evict; do follow the statutory process. Changing locks, removing tenant belongings, or shutting off utilities without a court order are illegal and can lead to significant liability for the landlord, including potential damages and fines far exceeding the cost of a proper eviction. A common landlord mistake here is assuming that because a tenant hasn't paid rent, they forfeit all rights. This is incorrect. Tenants retain rights until a court orders their removal.
Beyond initial filing and service fees, consider the cost of lost rent. If an eviction takes 30 days from notice to possession, you've lost a month's rent. If it takes 60 days, you've lost two months. This financial drain is often the most significant cost associated with eviction. For example, if your rent is $1,000 per month, a two-month eviction process means $2,000 in lost income, plus all legal and court fees.
West Virginia allows landlords to collect a security deposit up to 2.00 months' rent. While this can provide some cushion against damages or unpaid rent, it rarely covers the full extent of lost rent and eviction expenses, especially if the tenant leaves the property in poor condition or absconds with significant arrears.
As of recent legislative sessions, West Virginia has seen discussions around landlord-tenant law, though no major overhauls to the eviction process have been enacted that significantly change the cost or timeline for standard evictions. Most legislative focus has been on minor adjustments to housing codes or specific tenant protections rather than fundamental shifts in the eviction framework. Landlords should, however, remain aware of any proposed changes that could impact notice periods or grounds for eviction.
Understanding these costs and procedures upfront helps manage expectations and financial planning. Eviction is a legal remedy, not a quick fix. It requires adherence to specific timelines and legal steps, each with an associated cost. Ignoring these steps or trying to bypass them will almost always result in higher costs and longer delays.
| Cost Line | Uncontested | Contested |
|---|---|---|
| Notice prep & service | $75-$200 | $150-$350 |
| Court filing fee | $75-$150 (W. Va. Code § 37-6 (Landlord and Tenant)) | |
| Process server | $75-$200 | |
| Attorney fees | $500-$2,500 | |
| Sheriff / constable lockout | $30-$125 | |
| Lost rent during process | $557-$1,194 (21-45 days @ $796/mo) | $1,194-$2,654 (45-100 days) |
| Cleaning, repairs, re-leasing | $800-$2,200 | $1,100-$5,200 |
| Total scenario | $962-$2,969 | $2,299-$8,929 |
Understanding West Virginia's specific eviction costs and procedural quirks is crucial for landlords. The state's eviction process, while generally straightforward, contains unique elements and common traps that can add unexpected expenses and delays. We'll focus on practical guidance for landlords operating 1-20 units.
The controlling statute for landlord-tenant relations in West Virginia is W. Va. Code § 37-6 (Landlord and Tenant). This statute dictates everything from notice periods to security deposit limits. Familiarity with its provisions is non-negotiable.
West Virginia does not have statewide "just cause" eviction requirements. This means for month-to-month tenancies, a 30-day No-Cause Notice is generally sufficient to terminate. For non-payment of rent, a 7-day Non-Payment Notice is required before filing for eviction. These notice periods are minimums. Do not serve a 7-day notice and file on day 8 if the tenant still possesses the property. You must wait for the full 7 days to expire. Attempting to shortcut these periods will result in dismissal and added filing fees when you re-file.
The cost impact here is primarily time. Each day a tenant remains in the property without paying rent is lost income. Incorrect notice service extends this period, increasing your total loss. Ensure your notices are correctly formatted, contain all required information, and are served via a method that allows proof of delivery (e.g., certified mail with return receipt, process server).
West Virginia caps security deposits at 2.00 months' rent. This is a hard cap. Collecting more is illegal and can expose you to liability. While not directly an eviction cost, improperly handled security deposits frequently lead to counterclaims in eviction proceedings, adding legal fees and potential judgments against you. The statute dictates strict timelines for returning deposits and providing itemized deductions. Fail to meet these, and you risk forfeiting your right to deduct for damages, even legitimate ones.
The initial filing fee for a Summary Possession (eviction) action in Magistrate Court typically runs around $100 to $150, depending on the county. This does not include service of process. You will need to pay a process server or sheriff's deputy to formally serve the tenant with the summons and complaint. Expect to pay another $50 to $75 for this service. These are upfront costs you incur regardless of the outcome. If you have multiple tenants on the lease, each adult occupant should ideally be served, potentially increasing service fees.
A frequent and costly mistake landlords make in West Virginia is attempting self-help eviction. This means changing locks, shutting off utilities, or removing a tenant's belongings without a court order. Don't do this. Even if a tenant is significantly delinquent on rent, you cannot legally remove them without going through the judicial process. Doing so exposes you to significant liability, including potential damages for wrongful eviction, which can easily exceed the back rent owed. Do pursue legal eviction through the Magistrate Court. It is the only lawful path.
For example, a landlord in Monongalia County, frustrated by a tenant owing three months' rent, changed the locks while the tenant was at work. The tenant then filed a lawsuit against the landlord for wrongful eviction. Despite the clear rent delinquency, the landlord faced thousands in legal fees and paid a settlement to the tenant for illegal lockout, far exceeding the original rent owed. This scenario is avoidable by following proper procedure.
Once you obtain a judgment for possession, the tenant may still not vacate. You will then need to request a Writ of Possession from the court. This writ authorizes the sheriff to physically remove the tenant and their belongings. There is an additional filing fee for the writ, typically around $25 to $50. The sheriff's office will also charge a fee for executing the writ, which can range from $75 to $150 or more, depending on the county and the complexity of the removal. This is a critical cost to budget for, as it's the final step to regain control of your property.
Keep in mind, if the sheriff executes the writ, any personal property left behind by the tenant must be handled according to specific rules, often requiring storage for a set period at the landlord's expense, further adding to costs if not properly managed.
Tenants have the right to appeal a Magistrate Court eviction judgment to Circuit Court. While not common, an appeal will significantly increase your legal costs and prolong the eviction process. If an appeal is filed, you will almost certainly need an attorney, adding thousands in legal fees. The appeal bond requirements for tenants can sometimes deter frivolous appeals, but they remain a possibility and a potential cost factor.
As of recent legislative sessions, there has been ongoing discussion in West Virginia regarding landlord-tenant law, particularly around tenant protections and the eviction process. While no sweeping changes to the core eviction process (like statewide just cause) have passed, landlords should always monitor legislative developments. For instance, proposals related to habitability standards or notice requirements for specific types of non-renewal have appeared. Staying informed, perhaps through landlord associations, helps anticipate potential future compliance costs or procedural adjustments. Currently, the fundamental eviction process under W. Va. Code § 37-6 remains largely consistent.
In summary, West Virginia eviction costs extend beyond initial filing fees. They include lost rent, process server fees, writ of possession fees, potential sheriff's execution fees, and crucially, the cost of time. Adhering strictly to statutory notice periods, avoiding self-help, and properly managing security deposits are your best defenses against unforeseen expenses and protracted legal battles.
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See our tenant screening guide for West Virginia for the 5-point protocol used by NextGen Properties.
$2,200 to $4,500 all-in. Among the cheapest.
Magistrate court: $50 to $90.
21 to 45 days.
No.
No; thin Chapter 55 Article 3A framework.
Informational only, not legal advice. Consult a licensed West Virginia attorney. Source attribution in the Sources band below.
