What notice does a landlord have to give before evicting for unpaid rent in West Virginia?
The statute sets no pre-filing notice period: a landlord may petition the magistrate or circuit court when the tenant is in arrears, and the hearing is set 5–10 judicial days after filing.
West Virginia's statute sets no pre-filing notice period. A landlord may petition the magistrate or circuit court when the tenant is in arrears, and the hearing is set 5 to 10 judicial days after filing.
Worked example for West Virginia
Example: A tenant is in arrears, and you petition the magistrate or circuit court. The statute sets no pre-filing notice period. The court shall schedule a hearing, which may not be less than 5 nor more than 10 judicial days following the filing of the petition.
West Virginia timelines and limits
Pre-filing notice period
None is set in the statute
When the landlord may petition
When the tenant is in arrears, in magistrate or circuit court
Hearing
Set 5 to 10 judicial days after filing
West Virginia FAQ
Does a West Virginia landlord have to give notice before filing for unpaid rent?
The statute sets no pre-filing notice period. A landlord may petition the magistrate or circuit court when the tenant is in arrears, under W. Va. Code § 55-3A-1.
When is the hearing set?
The hearing may not be less than 5 nor more than 10 judicial days following the filing of the petition.
This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.
Related West Virginia rules
Eviction court process & timeline
The court schedules a hearing 5 to 10 judicial days after the petition is filed, and the tenant may file a written defense within 5 days of receiving notice.
A West Virginia landlord can file a petition to remove a tenant in magistrate court or circuit court. In magistrate court the filing fee is $30 when the action seeks relief other than money damages (possession only); if money damages are claimed, the fee runs from $30 (up to $500) to $50 (over $2,000), collected in advance. Statute text: "Where the action seeks relief other than money damage $30.00" (W. Va. Code §§ 50-3-1(a), 55-3A-1(a)).
West Virginia has no statute that expressly bans lockouts or utility shutoffs (W. Va. Code ch. 37, arts. 6 and 6A and ch. 55, art. 3A searched); removal of a tenant goes through a court petition under § 55-3A-1. The Attorney General's renters' guide says self-help evictions such as lockouts, utility shutoffs or seizing property are unlawful.
West Virginia has no statute expressly barring retaliatory eviction (W. Va. Code ch. 37, arts. 6 and 6A and ch. 55, art. 3A searched). The Attorney General's renters' guide says a landlord may not evict a tenant in retaliation for complaints about unfit housing conditions.
A tenant who holds over in a periodic tenancy is still a tenant, not a squatter, so the landlord must use the eviction process to remove them (W. Va. Code § 37-6-31(a)). A periodic tenancy continues until ended by proper notice: three months before the end of the year for year-to-year tenancies, or one full rental period for shorter periods, unless the lease sets a different period (§ 37-6-5). No statute sets a double-rent or other holdover penalty in these sections.
No state statute creating a rent withholding or rent escrow procedure was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A.
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