West Virginia Eviction Notice Templates

A West Virginia eviction notice is a formal letter notifying a tenant of a lease breach. It explains the violation and the landlord’s intent. The notice is required before filing for eviction.

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Last updated January 26th, 2026

A West Virginia eviction notice is a formal letter notifying a tenant of a lease breach. It explains the violation and the landlord’s intent. The notice is required before filing for eviction.

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By Type

Pay or Quit – Notifies the tenant that rent is unpaid.

Cure or Quit – Used for correctable lease violations.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly rental.

Notice to Quit for Illegal Activity – Issued for illegal activity.

Eviction Laws

  • Rent Grace Period: No statutory grace period.
  • Non-Payment of Rent: No notice required.[1]
  • Non-Compliance: No notice required.[1]
  • Termination (Month-to-Month Lease): 1 month.[2]
  • Eviction Lawsuit Type: Remedies for Wrongful Occupation of Residential Rental Property.[3]

 

Prohibited Landlord Actions in West Virginia

  • Utility Shutoff – Even though West Virginia statutes do not explicitly address utility shutoffs, intentionally interrupting essential services is considered a self-help eviction and is unlawful.
  • Changing the Locks – Locking a tenant out or otherwise blocking access to the rental unit without a court order is also considered a self-help eviction and is illegal.

 

How to Evict a Tenant in West Virginia (Step-by-Step)

Step 1: Notify the Tenant (Optional but Recommended)

West Virginia law does not require landlords to provide notice for non-payment or lease violations. However, many landlords choose to notify the tenant and allow time to resolve the issue to avoid court involvement.

Step 2: File a Petition for Summary Relief

If the tenant remains in possession, the landlord may file a Petition for Summary Relief – Wrongful Occupation in the Magistrate Court where the property is located. The court will schedule a hearing, usually within 10 days of filing. The tenant must file an Answer or appear at the hearing.

Step 3: Obtain a Writ of Possession

If the court rules in favor of the landlord, it will set a deadline for the tenant to vacate. If the tenant does not leave by that date, the landlord may request a Writ of Possession, allowing the sheriff to remove the tenant and restore possession to the landlord.

 

Court Forms & Resources

  • Petition for Summary Relief – Filed by the landlord in Magistrate Court to begin a wrongful occupation (eviction) case.
  • Answer Form – Allows the tenant to admit or deny the allegations after being served and before the hearing.
  • Writ of Possession – Issued if the landlord wins the case and authorizes the sheriff to remove the tenant from the property.

Sources

  1. § 55-3A-1
  2. § 37-6-5
  3. § 55-3A-1–55-3A-3