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Last Update October 27th, 2021
Eviction Notice Types
A legal eviction in WV can only be made for a number of acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state.
There are many specific causes that can prompt eviction action. Not using the correct West Virginia legal contract, in this case, can lead to delays or even court dismissal of the eviction, so it is important to choose the right type.
Immediate Notice to Quit (Non-Payment/Non-Compliance/Illegal Activity)
If the tenant fails to pay rent, violates the lease, or engages in any illegal activity, you can serve them with an immediate notice to quit.
This form notifies the tenant of the landlord’s desire to remove them from the property on the basis that they are wrongfully occupying the premises. It allows the landlord to immediately proceed with an eviction action.
30-Day Notice to Quit (Month-to-Month)
When a landlord wants to end a tenancy that is paid for on a flexible monthly basis, they must provide 30 days’ notice of their intention to terminate the agreement. This is an unconditional order with no rights to cure.
West Virginia Eviction Laws
You can only evict someone in West Virginia if they’ve committed a legally valid breach of the lease under WV statutes. Not only that, but you must also make sure to provide the correct amount of days’ notice to avoid the eviction from being challenged in court.
To evict someone in West Virginia means conforming with the following legal requirements:
Non-Payment/Non-Compliance/Illegal Activity: immediate (§ 55-3A-1)
Lease termination (month-to-month): 30 days’ notice (§ 37-6-5)
The notice must also be served to the tenant in compliance with the property laws in WV. It should be presented to them as a written notice or letter, detailing the information on why and when the lease is ending.
West Virginia Eviction Process
There are a number of crucial steps to follow when evicting a tenant in WV. These police how the notice must be served and what you’ll need to do if the tenant still refuses to vacate the property.
To successfully evict your tenant in West Virginia with an eviction notice, you’ll need to do the following:
Serve a valid eviction notice giving the tenant sufficient time to leave based on the reasons for the lease termination.
The landlord may file for eviction with their local court, if the tenant refuses to leave on their own.
Both the landlord and tenant can argue their case in the court, once the hearing date arrives.
The judge will decide whether the eviction can be upheld or not. If it is upheld, you can ask the clerk of the court for a Writ of Possession.
When the Writ of Possession has been granted, the document can be given to your local law enforcement agent, who will remove the tenant and their property from your real estate.
FAQs About West Virginia Eviction Notices
Before starting your eviction notice for real, it is sensible to understand the ins and outs of these important legal documents. Read more about West Virginia’s eviction notices in our FAQs below and learn how to use these forms effectively.
How to Evict Someone in West Virginia?
To successfully evict a tenant in West Virginia state, the landlord or property manager must serve a legally valid eviction notice. This must provide the correct number of days to comply and a legitimate reason to evict. It can be served in person, to a family member, someone else living on the premises, or left in a conspicuous location and mailed.
If the tenant doesn’t comply and vacate the property as instructed, the landlord will then have to petition a court. If the judge rules in their favor, they will then be able to use a local marshal or sheriff to forcibly evict the tenant.
How Long is the Eviction Process in West Virginia?
The eviction process in WV usually only takes around 3 weeks to complete. If a valid eviction notice is delivered, this is often enough to get the tenant to leave or cure the issue (if allowed). This can reduce the time down to as little as 3 days from when the notice has been served.
How Much Does It Cost to Evict Someone?
How much evicting a tenant costs will often depend on how long the removal process lasts. If you serve the West Virginia eviction notice and that leads to a resolution of the dispute, or the tenant simply leaves as instructed, then the costs are very low (below $300 not including potentially lost rent).
However, if the tenant refuses to leave the property, this could lead to a more protracted and expensive legal case. If you need to seek legal advice or representation at any step of the process, this will of course carry much higher costs.