Eviction notices in West Virginia
Source: W. Va. Code § 55-3A-1; § 55-3A-2; § 55-3A-3; § 37-6-23 · Checked against the statute
- Unpaid rent
- No notice required
- Lease violation
- No notice required
- Serious or repeat violation
- No separate notice in statute
West Virginia eviction notice deadline
Choose the state, the type of notice and the date it was served.
Notice for unpaid rent
West Virginia law does not require a pre-filing notice for unpaid rent. A landlord may file a verified petition for summary relief alleging the tenant is in arrears (W. Va. Code § 55-3A-1(a)(3)). Legal Aid WV states that when the landlord claims a breach such as unpaid rent, the landlord likely does not have to give notice before filing.
Can the tenant pay to stop it? Before trial, the tenant can end the case by paying or tendering all rent owed, with interest and costs, if nonpayment is the only reason for the eviction.
- Type:
- No notice required by statute
- Notice period:
- No fixed number of days
- Law:
- W. Va. Code § 55-3A-1
Notice for a lease violation
No statutory pre-filing notice is required. The landlord may petition alleging the tenant breached a warranty or lease covenant or damaged the property (W. Va. Code § 55-3A-1(a)(3)).
- Type:
- No notice required by statute
- Notice period:
- No fixed number of days
- Law:
- W. Va. Code § 55-3A-1
How the days are counted
No pre-filing notice period exists, so no counting rule applies to a notice. After filing, the hearing is set 5 to 10 judicial days after the petition is filed (W. Va. Code § 55-3A-1(b)).
How the notice must be delivered
No pre-filing notice is required. Notice of the court hearing must be served under W. Va. R. Civ. P. 4 or by certified mail, return receipt requested (W. Va. Code § 55-3A-1(c)).
If the tenant doesn't pay, fix it or leave
The landlord files a verified petition for summary relief in magistrate or circuit court; the hearing is held 5 to 10 judicial days after filing (W. Va. Code § 55-3A-1(b)). The tenant may file a written defense within 5 days of receiving notice of the hearing (§ 55-3A-1(c)) and may raise any defense available in ejectment or unlawful detainer (§ 55-3A-2). If the tenant does not appear or respond, the court grants immediate possession (§ 55-3A-3(a)). The order sets the move-out time; if the tenant stays, the sheriff removes the tenant (§ 55-3A-3(f)). Legal Aid WV states a landlord cannot evict without a court order and cannot lock out a tenant or cut utilities.
Also good to know
- Pay and dismiss: paying all rent arrears with interest and costs before trial ends the case (W. Va. Code § 37-6-23); Legal Aid WV says it applies only if unpaid rent is the sole ground, and payment must be cash, certified check or money order.
- Ending a lease at its term (holdover) generally requires notice; that is covered on our breaking-a-lease pages.
- Mobile home park residents have extra protections (Legal Aid WV).
Related
- West Virginia notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
- West Virginia security deposit law: deadlines after move-out
- Federal 30-day notice for covered properties (CARES Act)
Sources
- W. Va. Code § 55-3A-1 Retrieved October 13, 2026.
- W. Va. Code § 55-3A-2 Retrieved October 13, 2026.
- W. Va. Code § 55-3A-3 Retrieved October 13, 2026.
- W. Va. Code § 37-6-23 Retrieved October 13, 2026.
- Legal Aid WV: Eviction Process Before a Court Case is Filed Retrieved October 13, 2026.
- Legal Aid WV: Pay and Dismiss in Eviction Cases Retrieved October 13, 2026.
- Legal Aid WV: Court Eviction Process Retrieved October 13, 2026.
Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.