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Eviction timeline in West Virginia

West Virginia Eviction Timeline

Uncontested: 21–45 days  ·  Contested: 45–100 days  ·  Under W. Va. Code § 37-6 (Landlord and Tenant)

The West Virginia eviction process requires a court-ordered judgment before a landlord can remove a tenant. Timeline figures below begin after the pre-filing notice period expires and the landlord files the complaint with the court. Add 3–60+ days for the applicable pre-filing notice period (pay-or-quit, cure-or-quit, or no-fault) depending on the eviction reason.

West Virginia Eviction Timeline at a Glance1

21–45 days Uncontested
45–100 days Contested
$75–$150 Court filing fee
$500–$2,500 Attorney fees (est.)
#4 of 51 Fastest nationally
Uncontested eviction (after filing) 21–45 days W. Va. Code § 37-6 (Landlord and Tenant)
Contested eviction (after filing) 45–100 days W. Va. Code § 37-6 (Landlord and Tenant)
Pre-filing notice: Non-payment of rent 0 days W. Va. Code § 37-6 (Landlord and Tenant)
Pre-filing notice: Lease violation / cure 14 days W. Va. Code § 37-6 (Landlord and Tenant)
Pre-filing notice: End of term / no-cause 30 days W. Va. Code § 37-6 (Landlord and Tenant)
Court filing fee $75–$150 W. Va. Code § 37-6 (Landlord and Tenant)

Step-by-step West Virginia eviction process

Day-by-day, every stage.

Each row's day-label is the cumulative start of that stage on the worst-case clock.
Pre-filing Notice File Court Lockout
  1. Same day
    1
    Stage 1 · Gate

    Serve written notice to pay or quit

    Day 1

    Landlord must deliver a written 0-day notice demanding rent or possession. Service must comply with West Virginia statute.

  2. 3d
    2
    Stage 2 · Serve

    File eviction complaint (unlawful detainer / forcible entry & detainer)

    Day 1

    If tenant has not paid or vacated after the notice period, landlord files in the appropriate local court and pays the filing fee.

  3. 5d
    3
    Stage 3 · File

    Serve summons and complaint

    Day 4

    The court issues a summons; a process server or sheriff must personally serve the tenant. Service rules vary by county.

  4. 14d
    4
    Stage 4 · Court

    Court hearing and judgment

    Day 9

    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.

  5. 7d
    5
    Stage 5 · Lockout

    Writ of possession / sheriff lockout

    Day 23

    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.

  6. Day 30
    ✓
    Possession recovered
    Worst case · Day 30
Timelines begin at court filing, not notice service. The West Virginia timelines above start when the landlord files the eviction complaint with the court. Add pre-filing notice periods (3–60 days depending on eviction reason) to get the full end-to-end timeline. Self-help eviction, changing locks, removing belongings, or shutting off utilities, is illegal in West Virginia and exposes the landlord to significant damages.

Other Guides for West Virginia

← West Virginia Eviction Risk OverviewEviction Costs: West VirginiaEviction Process: West VirginiaRent Control Guide: West VirginiaTenant Screening: West VirginiaTenant Protections: West VirginiaTenant Rights: West VirginiaNotice Templates: West Virginia

Eviction Timeline in Other States

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Informational only, not legal advice. Consult a licensed West Virginia attorney. Source attribution in the Sources band below.