Eviction notices in West Virginia must comply with precise statutory requirements, including the correct notice period, required content, and proper service method. A notice with a missing element, incorrect amount, or improper service is void, requiring the landlord to restart the process. Use these state-specific templates as a starting point and verify all requirements against current West Virginia law before serving.
West Virginia Notice Requirements at a Glance1
| Notice Type | Days | Statute | Notes |
|---|
| Non-payment of rent |
0 |
W. Va. Code § 37-6 (Landlord and Tenant) |
0-day demand for rent or possession. |
| Lease violation / cure |
14 |
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 |
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. |
3-Day Notice to Pay Rent or Quit
Use when rent is past due. The tenant has 3 days (excluding the day of service) to pay in full or vacate. Do not accept partial payment after serving without written documentation of your intent to reserve rights.
TO: [Tenant Full Name(s)]
PROPERTY ADDRESS: [Full street address, unit #, West Virginia]
NOTICE TO PAY RENT OR QUIT
YOU ARE HEREBY NOTIFIED that the rent for the above premises is past due and unpaid as follows:
Rental period: [Month / Year]
Monthly rent: $[Amount]
TOTAL DUE: $[Amount]
You are required to pay the full amount stated above OR vacate the premises within 3 DAYS of service of this notice, excluding the day of service, weekends, and judicial holidays.
Payment may be made to:
[Landlord / Property Manager Name]
[Mailing address or payment portal URL]
Failure to pay or vacate within the time stated will result in the initiation of unlawful detainer (eviction) proceedings to recover possession, past-due rent, court costs, and attorney fees.
Dated: _______________ Landlord/Agent: _______________
Statute: W. Va. Code § 37-6 (Landlord and Tenant)
3-Day Notice to Cure Violation or Quit
Use when a tenant has violated a specific lease term (unauthorized pet, occupant, nuisance, etc.). Cite the exact lease clause violated. The tenant has 3 days to cure or vacate.
TO: [Tenant Full Name(s)]
PROPERTY ADDRESS: [Full street address, unit #, West Virginia]
NOTICE TO PERFORM COVENANT OR QUIT
YOU ARE HEREBY NOTIFIED that you have violated the following covenant(s) of your rental agreement:
Violation: [Describe specific breach, e.g., "You are maintaining an unauthorized dog on the premises in violation of Section 12 of your Lease Agreement dated [Date], which prohibits pets without prior written consent."]
You are required to CURE this violation OR vacate and surrender possession within 3 DAYS of service of this notice, excluding the day of service, weekends, and judicial holidays.
To cure, you must: [State specific required action, e.g., "Remove the dog from the premises and provide written confirmation to landlord within three days."]
Failure to cure or vacate will result in forfeiture of your lease and initiation of unlawful detainer proceedings.
Dated: _______________ Landlord/Agent: _______________
Statute: W. Va. Code § 37-6 (Landlord and Tenant)
30-Day / 60-Day Notice to Terminate Tenancy
Use for no-fault termination of a month-to-month tenancy. West Virginia requires 30 days for tenancies under one year and 60 days for tenancies of one year or more.
TO: [Tenant Full Name(s)]
PROPERTY ADDRESS: [Full street address, unit #, West Virginia]
NOTICE OF TERMINATION OF TENANCY, [30 / 60] DAYS
YOU ARE HEREBY NOTIFIED that your tenancy of the above premises is terminated effective [30 / 60] DAYS from service of this notice. You must vacate and surrender possession no later than: [Computed Date].
Failure to vacate by the stated date may result in unlawful detainer proceedings.
Dated: _______________ Landlord/Agent: _______________
Statute: W. Va. Code § 37-6 (Landlord and Tenant)
How to Serve Notices in West Virginia
1st
Personal service, hand directly to tenant
2nd
Substituted service, leave with adult + mail copy
3rd
Post-and-mail, affix to entrance + mail copy
Always document service in writing: date, time, method, and who received it. Use a process server for contested evictions. Email service is not valid in West Virginia unless the tenant has separately agreed in writing.
Notice validity checklist:
Correct tenant name(s), exact amount owed, proper notice period, specific statute cited, correct service method, documented proof of service. One missing element can void the notice and restart the clock.
Other Guides for West Virginia
Notice Templates for Other States
Informational only, not legal advice. Consult a licensed West Virginia attorney before serving.
Source attribution in the Sources band below.
