Evicting a tenant in West Virginia requires following a strict legal process. Shortcuts — like changing locks or removing belongings without a court order — are illegal and can get your case thrown out. Follow these steps carefully.
Serve the Eviction Notice
Before filing anything in court, you must give the tenant a written notice. In West Virginia, the minimum notice period is 1 days.
- • Pay or Quit Notice
- • Unconditional Quit Notice
Deliver the notice in person, by posting on the front door, or by certified mail. Keep proof of delivery.
File the Eviction Lawsuit
If the tenant doesn't comply with the notice, file an Unlawful Detainer (eviction) complaint at your local courthouse.
Bring: completed complaint form, copy of the lease, notice you served, and proof of service.
Serve the Tenant with Court Summons
After filing, the court issues a summons. This must be formally served on the tenant — typically by a process server, sheriff, or authorized adult (not you). Keep your proof of service.
Attend the Court Hearing
Show up to your hearing with all documentation: lease agreement, notice copies, proof of delivery, payment records, and any photos of damages.
Get the Writ of Possession
After winning in court, request a Writ of Possession. The sheriff will contact the tenant with a final date to leave, then perform a lockout if needed.
Which Notice Should I Use in West Virginia?
Use when tenant has not paid rent
Use for serious or repeat violations with no cure option
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