WV · EVICT-NTC · Updated August 2026 · Free
West Virginia Eviction Notice PDF
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West Virginia at a glance: No Fixed Statutory Notice: For nonpayment in most cases · Court Process: Unlawful detainer / summary possession · Month-to-Month Notice: 30 days (1 month) to terminate
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Overview
Eviction Notices in West Virginia
West Virginia's eviction process is comparatively landlord-friendly — the state does not require a specific statutory pre-filing notice for nonpayment of rent in most circumstances, though a demand for rent is common practice.
West Virginia courts still require the landlord to obtain a judgment before removing a tenant. Self-help evictions remain illegal.
Key Facts
West Virginia Eviction Notice — Quick Reference
| Requirement | West Virginia Rule |
|---|---|
| No Fixed Statutory Notice | For nonpayment in most cases |
| Court Process | Unlawful detainer / summary possession |
| Month-to-Month Notice | 30 days (1 month) to terminate |
| Governing Law | W. Va. Code § 55-3A-1 |
| Demand for Rent | Recommended before filing |
Legal Requirements
West Virginia Legal Requirements
- No fixed statutory notice period is required for nonpayment in most cases, though a demand for rent is standard practice.
- Landlord files an unlawful detainer or summary possession action in magistrate court.
- Notice, if given, should state the amount owed and a reasonable deadline to pay.
- Self-help evictions are prohibited — a court order is required.
Governing Laws
West Virginia Governing Laws
W. Va. Code § 55-3A-1
Summary Possession
Governs the summary possession process for regaining possession of rental property in West Virginia.
W. Va. Code § 37-6-6
Prohibited Practices
Prohibits self-help evictions, including lockouts and removal of belongings, without a court order.
Read the full text of these laws at Cornell Law School's West Virginia legal resources or your state legislature's official website.
Questions & Answers
West Virginia Eviction Notice — Frequently Asked Questions
Does West Virginia require a notice before filing for nonpayment of rent?
West Virginia does not require a fixed statutory notice period for nonpayment in most cases, though sending a demand for rent first is standard practice and often required by the lease.
What is West Virginia's eviction process called?
West Virginia uses an unlawful detainer or summary possession action, filed in magistrate court.
Can a West Virginia landlord remove a tenant's belongings without a court order?
No. Self-help evictions are illegal in West Virginia. A landlord must obtain a court judgment before removing a tenant.