West Virginia Notice to Vacate: 2026 Landlord Rules
Reviewed by DocDraft Legal Team · West Virginia · Last updated 2026-05-31
West Virginia is unusual among states because it generally requires no statutory pre-suit notice to quit before a landlord acts on nonpayment of rent or a lease breach. The landlord proceeds directly to a petition for wrongful occupation of residential rental property under W. Va. Code 55-3A-1, and that petition served with a notice of hearing is what puts the tenant on notice. A separate rule applies when a landlord ends a periodic tenancy without cause: month-to-month and year-to-year terminations run through the advance-notice requirement in W. Va. Code 37-6-5. Wrongful-occupation cases are filed in the Magistrate Court or Circuit Court, with service of the petition and the hearing governed by W. Va. Code 55-3A-2 and 55-3A-3.
How does an eviction start in West Virginia?
A West Virginia eviction for cause generally starts with a court filing rather than a separate pre-suit notice to vacate. Unlike most states, West Virginia generally does not require a statutory notice to quit before a landlord acts on nonpayment of rent or a lease breach. Instead, the landlord files a petition for wrongful occupation of residential rental property under W. Va. Code 55-3A-1, and the petition served together with a notice of hearing serves as the tenant's notice. The petition is filed in the Magistrate Court or Circuit Court. The procedure under W. Va. Code 55-3A-1 requires serving the tenant with the petition and notice of hearing.
What notice does West Virginia require to end a periodic tenancy?
When a landlord ends a periodic tenancy without cause, West Virginia requires advance notice under W. Va. Code 37-6-5. A month-to-month tenancy is generally ended on one full rental period of notice, and a year-to-year tenancy requires longer notice. This periodic-termination notice is separate from the wrongful-occupation petition used for cause-based cases. W. Va. Code § 37-6-5 governs this: a tenancy from year to year requires at least three months notice prior to the end of any year, and a periodic tenancy under one year requires notice for one full period before the end of the period.
What about a lease that has ended or a holdover tenant?
Holding over after a lease expires is one of the enumerated grounds for a wrongful-occupation petition under W. Va. Code 55-3A-1. Where a periodic tenancy is involved, the landlord may also need to give termination notice under W. Va. Code 37-6-5 before treating the occupancy as wrongful. The landlord then files the petition in the Magistrate Court or Circuit Court rather than removing the tenant directly. The landlord then files the petition setting forth the wrongful occupation under W. Va. Code § 55-3A-1.
What happens at the wrongful-occupation hearing?
After the petition is filed, the court schedules a hearing not less than five nor more than ten judicial days later under W. Va. Code 55-3A-1, and the petition and notice of hearing are served on the tenant in accordance with Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. At the hearing the landlord presents the ground relied on, such as nonpayment, a lease breach, damage to the property, or holdover, and the tenant may raise defenses. If the landlord prevails, the court enters a judgment of possession under W. Va. Code 55-3A-3.
West Virginia notice-to-vacate framework at a glance
West Virginia residential evictions run primarily under W. Va. Code chapter 55, article 3A, the Remedies for Wrongful Occupation of Residential Rental Property. Section 55-3A-1 sets out the petition and the grounds, including nonpayment of rent, breach of a lease provision, deliberate or negligent damage, and holdover. Section 55-3A-2 governs service of the petition and notice of hearing, and Section 55-3A-3 covers the hearing and the judgment of possession. The distinctive feature is that West Virginia generally requires no statutory pre-suit notice to quit for nonpayment; the landlord proceeds directly to the petition, which serves as the tenant's notice. Ending a periodic tenancy without cause is the exception and runs through the advance-notice requirement in W. Va. Code 37-6-5. Cases are filed in the Magistrate Court or Circuit Court, and self-help removal is not permitted. The West Virginia Judiciary publishes court information and forms at courtswv.gov.
Landlord Resources
West Virginia Judiciary
Official state judicial-branch site for the Magistrate Court and Circuit Court, including court locations, civil filing information, and any available wrongful-occupation petition forms.
West Virginia Legislature Code (Chapter 55, Article 3A and Section 37-6-5)
Official source for the wrongful-occupation statutes (W. Va. Code 55-3A-1, 55-3A-2, 55-3A-3) and the periodic-tenancy termination-notice statute (W. Va. Code 37-6-5). Confirm current text before filing.
West Virginia Human Rights Commission
State agency administering the West Virginia Human Rights Act fair-housing protections that apply alongside federal fair-housing law in any termination or eviction.
Relevant Laws
W. Va. Code 55-3A-1 (Petition for Wrongful Occupation; Grounds)
Sets out the petition for wrongful occupation of residential rental property and the grounds, including nonpayment of rent, breach of a lease provision, deliberate or negligent damage, and holdover. Generally no separate pre-suit notice to quit is required for nonpayment. Confirm current text.
W. Va. Code 55-3A-2 (Service of Petition and Notice of Hearing)
Governs service of the wrongful-occupation petition and the notice of hearing on the tenant. Service is of the petition itself rather than a pre-suit notice to quit. Confirm permitted methods and timing against current text.
W. Va. Code 55-3A-3 (Hearing and Judgment of Possession)
Covers the wrongful-occupation hearing and the court's judgment of possession. Confirm the current hearing timing and any tenant response window.
W. Va. Code 37-6-5 (Termination of Periodic Tenancy; Notice)
Requires advance notice to end a periodic tenancy without cause, generally one full rental period for month-to-month and longer for year-to-year. Confirm the exact notice period in current text.
W. Va. Human Rights Act, W. Va. Code 5-11-1 et seq.
State fair-housing law prohibiting termination or eviction on the basis of a protected class, applied alongside the federal Fair Housing Act.
Federal Fair Housing Act, 42 U.S.C. 3601 et seq.
Federal fair-housing protections that apply to any West Virginia termination or eviction alongside state law.
Federal SCRA, 50 U.S.C. 3955 (Termination of Residential Leases)
Federal Servicemembers Civil Relief Act protection that imposes eviction-related requirements for active-duty servicemember tenants. Confirm current text and any required court findings.
Regional Variances
West Virginia magistrate-court practice by county
Kanawha County (Charleston)
Wrongful-occupation petitions for Charleston-area properties are filed in the Kanawha County Magistrate Court under W. Va. Code chapter 55, article 3A.
Berkeley County (Martinsburg)
Berkeley County in the Eastern Panhandle is among the state's fastest-growing areas, and its Magistrate Court handles wrongful-occupation petitions for Martinsburg-area rentals under the same article 3A framework. Landlords should confirm the local hearing schedule and any county-specific filing instructions with the Berkeley County Magistrate Court before filing.
Monongalia County (Morgantown)
Monongalia County includes Morgantown and a large student-rental market tied to the university. Wrongful-occupation petitions follow the statewide article 3A process in the Monongalia County Magistrate Court. Because lease-end and holdover situations are common in student housing, confirm whether periodic-termination notice under W. Va. Code 37-6-5 is required for the specific tenancy before filing.
Suggested Compliance Checklist
Identify the ground and confirm the West Virginia pathway
Pre-notice days after startingMap the situation to an enumerated ground under W. Va. Code 55-3A-1: nonpayment of rent, breach of a lease provision, deliberate or negligent damage, or holdover. Confirm that West Virginia generally requires no separate pre-suit notice to quit for nonpayment and that the case proceeds by wrongful-occupation petition.
Determine whether periodic-termination notice is required
Pre-notice days after startingIf you are ending a periodic tenancy without cause, advance notice is required under W. Va. Code 37-6-5, generally one full rental period for month-to-month and longer for year-to-year.
Draft and serve the periodic-termination notice where required
Notice period days after startingWhere W. Va. Code 37-6-5 applies, prepare a written termination notice stating the date the periodic tenancy ends and deliver it far enough in advance to satisfy the statutory period. This step does not apply to a cause-based wrongful-occupation petition for nonpayment. Confirm the current notice period and any content requirements before serving.
Prepare the wrongful-occupation petition
Pre-notice days after startingPrepare a petition for wrongful occupation of residential rental property under W. Va. Code 55-3A-1 for filing in the Magistrate Court or Circuit Court. The petition should identify the premises, state the ground relied on, and set out the rent or damages claimed.
File the petition in the proper court
Post-notice days after startingFile the wrongful-occupation petition in the Magistrate Court (or Circuit Court) for the county where the rental property is located. The magistrate-court civil filing fee for an action seeking relief other than money damages is $30 under W. Va. Code 50-3-1, with higher graduated fees if you also claim money damages; confirm the current amount with the clerk. Self-help removal is not permitted.
Serve the petition and notice of hearing
Service days after startingArrange service of the petition and the notice of hearing on the tenant as required by W. Va. Code 55-3A-2. In West Virginia the petition itself, served with the notice of hearing, functions as the tenant's notice. Confirm the permitted service methods and timing in the current statutory text before serving.
Appear at the wrongful-occupation hearing
Hearing days after startingAttend the hearing set by the court under W. Va. Code 55-3A-1, which must fall not less than five nor more than ten judicial days after the petition is filed. Bring the lease, a rent ledger if nonpayment is the ground, proof of service, and any periodic-termination notice.
Obtain the order of possession
Post-judgment days after startingIf you prevail, the court enters a judgment of possession under W. Va. Code 55-3A-3, and the order of possession is enforced through the appropriate officer rather than by self-help. Attorney review is available as an option at any stage.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Identify the ground and confirm the West Virginia pathway | Map the situation to an enumerated ground under W. Va. Code 55-3A-1: nonpayment of rent, breach of a lease provision, deliberate or negligent damage, or holdover. Confirm that West Virginia generally requires no separate pre-suit notice to quit for nonpayment and that the case proceeds by wrongful-occupation petition. | - | Pre-notice |
| Determine whether periodic-termination notice is required | If you are ending a periodic tenancy without cause, advance notice is required under W. Va. Code 37-6-5, generally one full rental period for month-to-month and longer for year-to-year. | - | Pre-notice |
| Draft and serve the periodic-termination notice where required | Where W. Va. Code 37-6-5 applies, prepare a written termination notice stating the date the periodic tenancy ends and deliver it far enough in advance to satisfy the statutory period. This step does not apply to a cause-based wrongful-occupation petition for nonpayment. Confirm the current notice period and any content requirements before serving. | notice-to-vacate | Notice period |
| Prepare the wrongful-occupation petition | Prepare a petition for wrongful occupation of residential rental property under W. Va. Code 55-3A-1 for filing in the Magistrate Court or Circuit Court. The petition should identify the premises, state the ground relied on, and set out the rent or damages claimed. | - | Pre-notice |
| File the petition in the proper court | File the wrongful-occupation petition in the Magistrate Court (or Circuit Court) for the county where the rental property is located. The magistrate-court civil filing fee for an action seeking relief other than money damages is $30 under W. Va. Code 50-3-1, with higher graduated fees if you also claim money damages; confirm the current amount with the clerk. Self-help removal is not permitted. | - | Post-notice |
| Serve the petition and notice of hearing | Arrange service of the petition and the notice of hearing on the tenant as required by W. Va. Code 55-3A-2. In West Virginia the petition itself, served with the notice of hearing, functions as the tenant's notice. Confirm the permitted service methods and timing in the current statutory text before serving. | - | Service |
| Appear at the wrongful-occupation hearing | Attend the hearing set by the court under W. Va. Code 55-3A-1, which must fall not less than five nor more than ten judicial days after the petition is filed. Bring the lease, a rent ledger if nonpayment is the ground, proof of service, and any periodic-termination notice. | - | Hearing |
| Obtain the order of possession | If you prevail, the court enters a judgment of possession under W. Va. Code 55-3A-3, and the order of possession is enforced through the appropriate officer rather than by self-help. Attorney review is available as an option at any stage. | - | Post-judgment |
Frequently Asked Questions
West Virginia generally does not require a statutory pre-suit notice to quit for nonpayment of rent. Instead, the landlord proceeds directly to a petition for wrongful occupation of residential rental property under W. Va. Code 55-3A-1, and that petition served with a notice of hearing serves as the tenant's notice. This differs from most states, which require a fixed pay-or-quit period before any court filing. The statutory grounds are arrears in rent, breach of a warranty or leasehold covenant, or deliberate or negligent damage to the property under W. Va. Code 55-3A-1.
The two paths serve different situations. A no-cause end of a periodic tenancy runs through the advance-notice requirement in W. Va. Code 37-6-5, generally one full rental period for a month-to-month tenancy and longer for a year-to-year tenancy. A cause-based case, by contrast, proceeds directly to a wrongful-occupation petition under W. Va. Code 55-3A-1 with no separate pre-suit notice to quit for nonpayment. So a landlord acting on tenant conduct files the petition, while a landlord simply ending a periodic tenancy must first give the advance notice required by W. Va. Code 37-6-5 for the specific tenancy.
Yes. The federal Servicemembers Civil Relief Act, 50 U.S.C. 3955, provides eviction-related protections for active-duty servicemembers and applies in West Virginia. A landlord who learns that a tenant may be an active-duty servicemember should verify the tenant's status and the SCRA requirements before proceeding with a wrongful-occupation petition.
A petition that does not satisfy the requirements of W. Va. Code 55-3A-1 and 55-3A-2, such as the identification of the premises, the ground relied on, or proper service of the petition and notice of hearing, can be challenged by the tenant and may be dismissed, forcing the landlord to correct and refile. Because West Virginia relies on the petition itself rather than a pre-suit notice, getting the petition and its service right under W. Va. Code 55-3A-1 and 55-3A-2 is the central compliance step. Be aware of a common trap on retaliation: West Virginia's statutory anti-retaliation protection in W. Va. Code 37-15-7 sits in Article 37-15, which governs house trailers, mobile homes, and manufactured homes, not conventional residential rentals. A landlord of a standard apartment or house should not assume a broad statutory retaliation defense applies, and a tenant should not assume one is available; confirm the current West Virginia Code and any controlling case law before relying on either position.
West Virginia moves quickly. Under W. Va. Code 55-3A-1, once the petition is filed the court must schedule the hearing not less than five nor more than ten judicial days after filing, and the tenant is served with the petition and notice of that hearing rather than answering a separate complaint on a fixed response clock. Confirm the current hearing schedule in W. Va. Code 55-3A-1 through 55-3A-3 and with the Magistrate Court before relying on a particular date.
No. West Virginia channels residential evictions through the wrongful-occupation petition in the Magistrate Court or Circuit Court under W. Va. Code chapter 55, article 3A, and self-help removal is not permitted. Even though no pre-suit notice to quit is generally required for nonpayment, the landlord must still obtain a court order of possession. Confirm the current text of W. Va. Code 55-3A-1 through 55-3A-3, as the procedure requires serving the tenant with the petition and notice of hearing.
Yes. The West Virginia Human Rights Act, W. Va. Code 5-11-1 and following, and the federal Fair Housing Act, 42 U.S.C. 3601 and following, prohibit terminating a tenancy or pursuing eviction on the basis of a protected class. These protections apply regardless of the no-pre-suit-notice rule for nonpayment.
Other West Virginia guides
How to Break a Lease in West Virginia Legally (2026)
Tenant Rights in West Virginia: Renting a New Property (2026)
Landlord Rules in West Virginia: Renting Out Property (2026)
Selling a House with Renters in West Virginia (2026)
How to File a Small Claims Lawsuit in West Virginia (2026)
How to Dispute a Bill in West Virginia (2026)
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