How to Evict a Tenant in West Virginia (2025)
Complete step-by-step eviction guide for West Virginia landlords — notice requirements, court process, and attorney resources.
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Step-by-Step: How to Evict a Tenant in West Virginia
Serve the Eviction Notice
Prepare and personally deliver (or post) a written notice to your tenant. For non-payment of rent, West Virginia requires a 1-day Pay or Quit notice. For lease violations, use a 10-day Cure or Quit notice. Make sure the notice is properly formatted and includes the reason, deadline, and amount owed (if applicable).
Wait for the Notice Period to Expire
After serving the notice, you must wait 1 days before taking further action. If the tenant pays rent in full or fixes the violation during this time, the eviction process stops. Keep proof of service and all communication with the tenant.
File with the West Virginia Court
If the tenant does not comply, file an eviction complaint (sometimes called an Unlawful Detainer or Forcible Entry complaint) with your local West Virginia court. The filing fee is approximately $60. Bring copies of the lease, the notice, and proof of service.
Serve the Tenant the Court Summons
The court will issue a summons. In West Virginia, you must legally serve the tenant with the summons and complaint — typically through a process server, sheriff, or certified mail (depending on state rules). Keep proof of this service for the hearing.
Attend the Court Hearing
Attend the scheduled hearing with all documentation: lease agreement, payment records, the written notice, and proof of service. Present your case clearly. The tenant has the right to appear and respond. The judge will typically rule the same day.
Enforce the Judgment — Writ of Possession
If the judge rules in your favor, request a Writ of Possession. The local sheriff or constable will then serve the tenant with notice to vacate — typically within 24-72 hours. If the tenant does not leave, the sheriff will oversee removal. The entire West Virginia eviction process typically takes 2-4 weeks.
Notice Requirements in West Virginia
| Notice Type | Days Required | When to Use |
|---|---|---|
| Non-Payment of Rent | 1 days | Tenant failed to pay rent by the due date |
| Lease Violation | 10 days | Tenant violated a lease term (pets, noise, unauthorized occupants) |
| No-Cause / Month-to-Month | 30 days | Ending a month-to-month tenancy without cause |
⚠️ What NOT to Do — Illegal Self-Help Eviction
- Do NOT change the locks without a court order — even if the tenant owes you money.
- Do NOT remove the tenant's belongings from the property.
- Do NOT shut off utilities (electricity, water, heat) to force the tenant out.
- Do NOT harass or threaten the tenant in any way.
- Self-help eviction is illegal in West Virginia and can result in damages, fines, and the tenant being reinstated.
Need the eviction notice? Download a ready-to-use template for West Virginia.
West Virginia Eviction Notice Templates →Is this tenant facing eviction? See their perspective and rights.
View Tenant Rights in West Virginia →🏗️ Eviction Courts by County in West Virginia
Select your county for courthouse information, local filing fees, and hearing timelines.
Frequently Asked Questions — West Virginia Evictions
How long does the eviction process take in West Virginia?
The typical eviction process in West Virginia takes 2-4 weeks from serving the initial notice to enforcement of the judgment. This assumes the tenant does not file appeals or motions to delay. Contested evictions can take significantly longer.
Can I evict a tenant without a reason in West Virginia?
In West Virginia, you can end a month-to-month tenancy without cause by giving 30 days written notice. However, you cannot evict a tenant mid-lease without a valid reason such as non-payment of rent or a lease violation. Some cities in West Virginia may have additional "just cause" eviction requirements.
What happens if a tenant refuses to leave after an eviction judgment in West Virginia?
If a tenant refuses to vacate after a judgment and Writ of Possession, the local sheriff or constable will physically remove them. You must NOT change the locks or remove the tenant's property yourself — this is illegal self-help eviction.
Do I need a lawyer to evict a tenant in West Virginia?
While West Virginia does allow landlords to represent themselves in eviction court, having an attorney significantly improves your chances and helps avoid procedural mistakes that can cause dismissal. For complex cases or high-value disputes, legal representation is strongly recommended.
What is the filing fee to evict a tenant in West Virginia?
The court filing fee in West Virginia is approximately $60. Additional costs may include process server fees ($50-$150), attorney fees if represented, and sheriff enforcement fees.
Relevant West Virginia Statutes
- Primary eviction statute: W. Va. Code § 55-3A-1
- This guide is for informational purposes only. Laws change — always verify with current West Virginia statutes or a licensed attorney.