Every step, every statute, every timeline — W. Va. Code § 37-6 (Landlord and Tenant)
The West Virginia eviction process — also called unlawful detainer, forcible entry and detainer, summary ejectment, or possessory action depending on which part of West Virginia you are in — is a strict, court-supervised procedure governed by W. Va. Code § 37-6 (Landlord and Tenant). Every step has a statutory deadline, every notice has a statutorily required form, and every misstep (wrong notice period, defective service, wrong court, accepting partial rent after the notice expires) can restart the entire eviction clock or invite dismissal. Self-help eviction — changing locks, shutting off utilities, removing the tenant's belongings, threatening or harassing the tenant, filing a false police report — is a criminal offense in most of West Virginia and exposes the landlord to actual damages, statutory penalties, attorney fees, and in some counties punitive damages.
West Virginia does not impose a statewide just-cause requirement on residential tenancies — a West Virginia landlord may lawfully terminate a month-to-month tenancy at the end of the rental period by serving a proper written notice of non-renewal (typically 30 days), without having to state a reason. Inside a fixed-term lease, however, early termination still requires a statutory basis such as non-payment of rent, material breach of lease covenants, or waste/nuisance.
A West Virginia eviction runs through five discrete phases: (1) written notice to the tenant (pay-or-quit, cure-or-quit, or unconditional quit depending on the reason); (2) filing the eviction complaint (unlawful detainer, forcible entry and detainer, or summary ejectment) in the proper West Virginia county court after the notice period expires; (3) service of the summons and complaint on the tenant, with strict compliance required; (4) the hearing or trial after the tenant's answer deadline passes, resulting either in default judgment or a contested bench trial before a West Virginia magistrate, justice of the peace, or district-court judge; and (5) writ of possession and sheriff lockout — the only lawful way to physically remove a tenant who refuses to leave voluntarily. This guide walks through each phase in West Virginia-specific detail, including the applicable notice days, filing fees, and typical timelines under W. Va. Code § 37-6 (Landlord and Tenant).
| Reason | Notice | Statute | Notes |
|---|---|---|---|
| Non-payment of rent | 0 days | W. Va. Code § 37-6 (Landlord and Tenant) | 0-day demand for rent or possession. |
| Lease violation / cure | 14 days | W. Va. Code § 37-6 (Landlord and Tenant) | 14-day notice to cure the violation or quit, where the violation is curable. |
| End of term / no-cause | 30 days | W. Va. Code § 37-6 (Landlord and Tenant) | 30-day notice is typical at the end of a month-to-month tenancy unless the lease provides a longer period. |
Landlord must deliver a written 0-day notice demanding rent or possession. Service must comply with West Virginia statute.
If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.
The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.
Tenant typically has a short window to file a written answer. If no answer is filed, landlord may obtain default judgment. Contested cases are set for a trial date.
Upon judgment for the landlord, the court issues a writ of possession. The sheriff or constable posts and then executes the lockout; only law enforcement may physically remove the tenant.
No statewide just-cause in West Virginia. West Virginia landlords may lawfully end a residential month-to-month tenancy by giving proper written notice of non-renewal (typically 30 days, though some West Virginia jurisdictions require longer for tenancies of more than a year) — no reason need be stated and no statutory ground need be proved. Inside a fixed-term West Virginia lease, however, early termination still requires a specific statutory basis (non-payment of rent within the 0-day demand period, material lease breach uncured within the 14-day cure period, waste, nuisance, illegal activity). Always confirm whether the West Virginia city or county where the property is located has imposed just-cause at the local level — a growing number of West Virginia municipalities have, and the local ordinance will supersede the more permissive state rule.
Notice to quit in West Virginia: form, service, and content. The initial written notice to the tenant — 0-day demand for rent or possession on a non-payment claim, 14-day notice to cure or quit on a curable lease-violation claim, or 30-day no-cause notice at the end of a month-to-month tenancy where state law permits — must be in writing, must precisely identify the tenant, the premises, the rent amount due (for non-payment) or the lease provision violated (for lease-violation), the cure option if any, and the consequence of non-cure (action for unlawful detainer and possession). Most West Virginia counties require personal service of the notice to quit, with substitute service permitted after diligent attempts. Many West Virginia evictions fail on defective notice content or defective service — preserve written proof (photographs of the posted notice, USPS certified-mail receipts, process-server affidavit) of every delivery attempt.
Which West Virginia court hears residential evictions. Evictions in West Virginia are filed in the district, justice, magistrate, superior, superior court landlord-tenant branch, county court, or civil court for the West Virginia county where the rental property is physically located — the exact court name depends on which part of West Virginia you are in. File in the wrong division or the wrong county and the case is dismissed without prejudice — a cheap mistake, but it costs the West Virginia landlord 30 days of further unpaid rent and the cost of a refiling. Pro se landlords should call the West Virginia county court clerk before filing to confirm: the proper division, the correct case caption, the current filing-fee amount, whether a copy of the lease must be attached at filing, and whether local rules require a pre-filing cover sheet or civil case information statement.
Service of the summons and complaint in West Virginia. After the eviction complaint is filed and the summons issues, the tenant must be personally served in most West Virginia jurisdictions — sheriff, constable, or private process server. Most West Virginia counties allow substitute service (leaving the papers with a competent adult residing at the premises and mailing a sealed copy to the tenant's last-known address) after documented diligent attempts at personal service. Posted service (affixing to the door) is a last-resort method in West Virginia and is frequently challenged on due-process grounds — a West Virginia landlord who relies on posted service without exhausting personal and substitute service almost always loses a motion to quash. Preserve dated proof of every service attempt.
Tenant's answer period and the hearing in West Virginia. After service, the West Virginia tenant has a short statutorily defined window (typically 5–20 days depending on West Virginia statute and type of service) to file a written answer with the court, appear for the hearing, or both. Failure to answer or appear permits the landlord to move for default judgment at the first hearing, which is how the majority of uncontested West Virginia evictions end. If the tenant does answer and appear, the case is set for a bench trial — West Virginia magistrates and district-court judges handle these on a high-volume docket, typically issuing a judgment for possession the same day unless complex habitability, retaliation, or discrimination defenses require a continuance.
Writ of possession and sheriff lockout in West Virginia. Once judgment for possession issues in favor of the West Virginia landlord, the court clerk prepares a writ of possession (also called a writ of restitution, writ of eviction, or order for possession, depending on which part of West Virginia you are in). The West Virginia sheriff, constable, or marshal then posts the writ on the door giving the tenant a short statutory window — typically 24–72 hours — to vacate voluntarily before the physical lockout is executed. Only law enforcement may execute the lockout in West Virginia — the landlord may not change locks, remove belongings, cut utilities, or otherwise self-evict, even after the writ issues and even if the tenant has clearly abandoned the unit. Landlord-side self-help post-writ is a separate tort in West Virginia and exposes the landlord to compensatory damages, statutory penalties, attorney fees, and in some counties punitive damages.
Post-judgment tenant property handling in West Virginia. After the lockout, any personal property the tenant leaves behind must be handled under West Virginia abandoned-property statutes — typically a written notice to the tenant's last-known address and a statutory storage period (15–60 days) before sale or disposal. Disposing of tenant property without following the West Virginia procedure is a separate wrongful-conversion claim. When in doubt, photograph everything, store it safely, and err on the side of the longer statutory notice window.
An uncontested West Virginia eviction typically resolves in 21–45 days from filing to lockout. Contested cases extend to 45–100 days.
West Virginia requires a 0-day notice to pay or quit for non-payment of rent under W. Va. Code § 37-6 (Landlord and Tenant).
No. Self-help evictions — changing locks, shutting off utilities, removing tenant belongings — are prohibited. Landlords must obtain a court judgment and use the sheriff for any lockout.
Accepting rent after the notice period typically waives the right to proceed on that specific notice. If you want to preserve the eviction, refuse the partial payment and document the refusal in writing, or accept it with a written reservation-of-rights under W. Va. Code § 37-6 (Landlord and Tenant).
Yes. Every West Virginia court recognizes the implied warranty of habitability. A tenant who has reported significant defects (no heat, active water intrusion, rodent infestation, code violations) and the landlord has not repaired can obtain rent reduction or dismissal. Document every repair request, inspection, and response.
Sources: W. Va. Code § 37-6 (Landlord and Tenant). Last reviewed April 17, 2026. Informational only — not legal advice. Consult a licensed West Virginia attorney.
