Kanawha County Eviction Court — Landlord Filing Guide (2025)
Everything West Virginia landlords need to file a Unlawful Detainer in Kanawha County — fees, courthouse info, timeline, and step-by-step process.
🏛️ Kanawha County Courthouse Information
- Courthouse: Kanawha County Courthouse
- Address: 409 Virginia St. E, Charleston, WV 25301
- Phone: (304) 357-0100
- Hours: Mon–Fri, 8:30 AM – 4:30 PM
- Case type: Unlawful Detainer
⚠️ Kanawha County — What Landlords Should Know
Kanawha County (Charleston) uses Magistrate Court for unlawful detainer.
Need an Eviction Attorney in Kanawha County?
Procedural mistakes can get your case dismissed. Get matched with a local Kanawha County eviction attorney — free consultation.
Step-by-Step: How to File an Eviction in Kanawha County
Serve the Required Notice
Before filing, you must serve a written notice. For non-payment of rent, a 1-day Pay or Quit notice is required. For lease violations, serve a 10-day Cure or Quit notice. Make sure the notice is properly formatted and personally served or posted per West Virginia law.
File Your Unlawful Detainer at Kanawha County Courthouse
After the notice period expires without compliance, file your eviction complaint at the Kanawha County Courthouse (409 Virginia St. E, Charleston, WV 25301). The filing fee is $95. Bring: your lease agreement, the notice, and proof of service.
Serve the Summons on the Tenant
After filing, the court issues a summons. In Kanawha County, service is typically handled by the Sheriff's office or a licensed process server for a fee of $25. You must NOT serve the summons yourself — improper service can get your case dismissed.
Attend the Court Hearing
Hearings in Kanawha County are typically scheduled 2–4 weeks after filing. Attend with all documentation: lease, notices, payment records, and proof of service. If the tenant doesn't appear, you may receive a default judgment. Come prepared to present your case clearly.
Obtain and Enforce the Writ of Possession
After a judgment in your favor, request a Writ of Possession from the clerk. The West Virginia Sheriff's office will serve the writ and oversee removal if the tenant refuses to leave voluntarily. Do NOT change locks or remove property yourself — this constitutes illegal self-help eviction in West Virginia.
Kanawha County Eviction Filing Cost Breakdown
| Cost | Amount | Notes |
|---|---|---|
| Court Filing Fee | $95 | Paid to Kanawha County Clerk of Court |
| Summons Service | $25 | Sheriff or process server fee |
| Writ of Possession | ~$21–$25 | Sheriff enforcement after judgment |
| Attorney (optional) | $400–$1500 | Recommended for contested cases |
Frequently Asked Questions — Kanawha County Evictions
How long does an eviction take in Kanawha County?
The typical Kanawha County eviction takes 4–6 weeks from serving the initial notice to enforcement — assuming the tenant does not contest. A contested eviction can take significantly longer. Kanawha County is generally considered a landlord-friendly jurisdiction.
How much does it cost to file an eviction in Kanawha County?
The court filing fee in Kanawha County is $95. Additional costs typically include: process service or sheriff fee ($25), Writ of Possession enforcement (~$21–$25), and attorney fees if represented ($400–$1500). Total out-of-pocket without an attorney is typically $141–$145.
What court handles evictions in Kanawha County?
Evictions in Kanawha County are filed at the Kanawha County Courthouse, located at 409 Virginia St. E, Charleston, WV 25301. The case type is filed as a Unlawful Detainer.
Can I file an eviction online in Kanawha County?
Kanawha County does not currently offer online filing for eviction cases. You must file in person at the Kanawha County Courthouse.
Do I need a lawyer to evict a tenant in Kanawha County?
West Virginia law allows landlords to represent themselves in eviction court. However, having an attorney reduces the risk of procedural dismissals and improves outcomes, especially in contested cases.
What happens if the tenant doesn't leave after the eviction judgment in Kanawha County?
After a judgment in your favor, request a Writ of Possession from the court. The Kanawha County Sheriff's office will then execute the writ — notifying the tenant to vacate, and physically removing them if they refuse. Do NOT attempt to remove the tenant yourself; self-help eviction is illegal in West Virginia.
See full West Virginia eviction laws and notice requirements.
West Virginia Eviction Guide for Landlords →Download the eviction notice you must serve before filing in West Virginia.
West Virginia Eviction Notice Templates →Is your tenant facing eviction in Kanawha County? See their rights.
Tenant Rights in Kanawha County →Relevant West Virginia Statutes
- Primary eviction statute: W. Va. Code § 55-3A-1
- This guide is for informational purposes only. Laws change — verify with current West Virginia statutes or a licensed Kanawha County attorney.