West Virginia Eviction Notice

Introduction

Key Things to Know

1. 1

   An eviction notice is a written notice, or in West Virginia's case sometimes a court filing that itself functions as the tenant's notice, used to warn a tenant that a tenancy is ending before the landlord can lawfully remove them.

2. 2

   West Virginia does not require a pre-filing pay-or-quit or cure-or-quit notice for nonpayment of rent, breach of a lease warranty or covenant, or deliberate or negligent property damage. A landlord may file a wrongful occupation petition directly. (West Virginia Code Section 55-3A-1(a)(3))

3. 3

   What is required instead is notice of the court hearing: after the petition is filed, the court schedules a hearing 5 to 10 judicial days later, and the tenant must be served with notice of that hearing, by Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. (West Virginia Code Section 55-3A-1(b), (c))

4. 4

   There is no statutory cure period before filing for any ground. Once served, the tenant has 5 days from receipt of the hearing notice to file a written defense, and at the hearing may raise any defense available in an ejectment or unlawful detainer action. (West Virginia Code Sections 55-3A-1(c), 55-3A-2)

5. 5

   The governing law is West Virginia Code Chapter 55, Article 3A, Remedies for Wrongful Occupation of Residential Rental Property, Sections 55-3A-1 through 55-3A-3, which sets the petition, hearing, and enforcement process.

6. 6

   Ending a periodic tenancy without cause is a separate track from a wrongful-occupation case. It requires 3 months' written notice for a year-to-year tenancy, or notice for one full period before a shorter period ends; it does not apply to a fixed-term lease ending on a stated date. (West Virginia Code Section 37-6-5)

7. 7

   There's no state-mandated form for a pre-filing notice, because none is required. The court filing itself, the Petition for Summary Relief Wrongful Occupation of Residential Rental Property (Magistrate Court form MLTPTWR), has content the statute requires: ownership or agency status, a property description, the specific ground with details, and a request for possession. (West Virginia Code Section 55-3A-1(a))

West Virginia Requirements for Eviction Notice

• No Pre-Filing Notice Required for Wrongful Occupation (West Virginia Code Section 55-3A-1(a))

  For nonpayment of rent, breach of a lease warranty or covenant, or deliberate or negligent property damage (or knowingly permitting another person to cause it), West Virginia law does not require the landlord to serve a pay-or-quit or cure-or-quit notice before filing. The landlord may file a verified Petition for Summary Relief for Wrongful Occupation of Residential Rental Property directly in magistrate or circuit court.

• Notice of Hearing and Answer Deadline (West Virginia Code Section 55-3A-1(b), (c))

  Once the petition is filed, the court must schedule a hearing not less than 5 nor more than 10 judicial days later. A judicial day excludes only Sunday and legal holidays, so Saturdays count. The petitioner must immediately serve the tenant with notice of the hearing, by Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested, and that notice must inform the tenant of a 5-day window from receipt to file a written defense.

• No Statutory Cure Period; Available Defenses (West Virginia Code Sections 55-3A-2, 55-3A-3(d))

  West Virginia's wrongful occupation statute does not offer a pre-filing cure period for any ground. After being served with the hearing notice, the tenant may assert any defense available in an ejectment or unlawful detainer action. If the court grants a continuance at the tenant's request, the tenant must pay into court any periodic rent becoming due during the continuance.

• Service of Hearing Notice Requirements (West Virginia Code Section 55-3A-1(c))

  Notice of the hearing must be served on the tenant in accordance with Rule 4 of the West Virginia Rules of Civil Procedure, or by certified mail, return receipt requested. The statute gives the petitioner a choice between the two methods, with no stated order of preference.

• Governing Wrongful Occupation Statute (West Virginia Code Chapter 55, Article 3A, Sections 55-3A-1 to 55-3A-3)

  The statutory basis for the petition, hearing, and possession-order process on this page: West Virginia Code Chapter 55, Article 3A, Remedies for Wrongful Occupation of Residential Rental Property. If the tenant remains past the date the court's order specifies, the sheriff, not the landlord, removes the tenant.

• No-Cause Termination Notice for Periodic Tenancy (West Virginia Code Section 37-6-5)

  Distinct from the wrongful occupation petition above: ending a periodic tenancy without cause requires written notice at least 3 months before the end of a year-to-year tenancy, or notice for one full rental period before the end of any shorter period. This section does not apply where the lease fixes a different notice period, dispenses with notice, or ends on a stated date.

• Petition Form and Content Requirements (West Virginia Code Section 55-3A-1(a); Magistrate Court Form MLTPTWR)

  No pre-filing notice form exists, because West Virginia does not require a pre-filing notice. The magistrate court petition itself has statutorily required content: the petitioner's ownership or agency status, a property description sufficient to identify it, the specific ground with a description of the arrearage, breach, or act, and a prayer for possession. The West Virginia Judiciary publishes an official petition form, MLTPTWR, built around these elements.