Landlord guide, West Virginia (WV)
West Virginia eviction process: the landlord’s steps from notice to removal
The eviction process in West Virginia sets no notice period before a landlord files for unpaid rent (W. Va. Code § 55-3A-1(a)(3), (b)); the exact condition is quoted below. Then the landlord files in the magistrate court or circuit court, where the case is called petition for summary relief for wrongful occupation; the court hears it, and after judgment a court officer carries out the removal.
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- Notice for unpaid rent
- None before filing
- W. Va. Code § 55-3A-1(a)(3), (b)
- Court
- magistrate court or circuit court
- W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment)
- Time to appeal
- 20 days
- W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment)
- Checked against the statutes
- 1 November 2026
Step by step
The eviction process West Virginia landlords follow, step by step
Notice and court names are given as they read on West Virginia’s own forms, and timing details are quoted from the statute.
- 1
Step 1
Serve the notice
Unpaid rent: West Virginia sets no notice period before filing (W. Va. Code § 55-3A-1(a)(3), (b)).
Another breach of the lease: the petition for summary relief (no pre-suit notice), with no fixed period in the statute (W. Va. Code § 55-3A-1(a)(3)).
No reason, month to month: 30 days’ notice (W. Va. Code § 37-6-5).
What the statute adds, in English
The summary eviction statute lets a landlord petition the court once the tenant is in arrears, with no notice period before filing. The tenant is then served notice of the hearing, which is set 5 to 10 judicial days after filing.
- 2
Step 2
File the eviction in court
File in the magistrate court or circuit court, where the case is called petition for summary relief for wrongful occupation (W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment)).
- 3
Step 3
Go to the hearing
The tenant has 5 days to answer the complaint.
In the statute, in English
5 to 10 judicial days after the petition is filed
- 4
Step 4
Judgment and appeal
If the court rules for you, the tenant has 20 days to appeal.
- 5
Step 5
Removal by a court officer
An officer of the court carries out the removal, on the court’s order.
In the statute, in English
the court's order sets when the tenant must vacate, and the sheriff removes a tenant still there after that time forthwith
West Virginia eviction process timeline
- Notice before filing
- None before filing
- Time to answer
- 5 days
- Hearing
- Quoted in step 3
- Time to appeal
- 20 days
- Removal
- Quoted in step 5
Only some steps have a number in the statute, so no honest total exists: after filing, the court sets the pace.
Can you change the locks yourself?
We could not confirm West Virginia’s rule on self-help from an official text. This is what we found:
Not confirmed. Article 3A lets a landlord seek possession through the court, but the sections read (§§ 55-3A-1, 55-3A-3) do not say it is the only way, and no statute barring lockouts or utility shutoffs was found. Read via FindLaw's copy of the code, current as of 1 January 2024, because the official site refused automated reading.
The court process is the safe course in every state.
Write the West Virginia eviction notice
Fill in the notice for West Virginia in the generator, then read the rest of the state’s landlord law before you serve it.
Where Dardaris comes in
Most evictions start as one late payment. Dardaris sees it on day one.
It notices the missed rent the day it is due, sends the tenant a reminder, and if nothing comes, drafts the next step West Virginia law asks for. You read it and sign; nothing goes out without you.
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Dardaris
The statutes
West Virginia eviction laws, with the statute behind each step
| Step | What the law says | Statute |
|---|---|---|
| Notice for unpaid rent | petition for summary relief (no pre-suit notice)No period before filingThe summary eviction statute lets a landlord petition the court once the tenant is in arrears, with no notice period before filing. The tenant is then served notice of the hearing, which is set 5 to 10 judicial days after filing. | W. Va. Code § 55-3A-1(a)(3), (b) |
| Notice for a lease breach | petition for summary relief (no pre-suit notice)No fixed periodBreach of a warranty or lease covenant, or damage to the property, is a ground to petition directly, and the statute sets no notice period or right to cure. | W. Va. Code § 55-3A-1(a)(3) |
| Notice to end a month-to-month tenancy | 30 daysNotice of one full rental period before the end of any period. | W. Va. Code § 37-6-5 |
| How a notice is served | service under Rule 4 of the West Virginia Rules of Civil Procedurecertified mail, return receipt requested | W. Va. Code § 55-3A-1(c) |
| Court and action | magistrate court or circuit courtpetition for summary relief for wrongful occupation | W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment) |
| Time to answer | 5 days | W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment) |
| Hearing | 5 to 10 judicial days after the petition is filed | W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment) |
| Time to appeal | 20 days | W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment) |
| Removal | the court's order sets when the tenant must vacate, and the sheriff removes a tenant still there after that time forthwith | W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment) |
| Self-help (lockouts, utilities) | Not confirmed from the statuteNot confirmed. Article 3A lets a landlord seek possession through the court, but the sections read (§§ 55-3A-1, 55-3A-3) do not say it is the only way, and no statute barring lockouts or utility shutoffs was found. Read via FindLaw's copy of the code, current as of 1 January 2024, because the official site refused automated reading. | Not confirmed from the statute |
Read against the official texts below on 1 November 2026. The month-to-month period was checked on 29 September 2026.
- https://www.wvlegislature.gov/Bill_Text_HTML/2025_SESSIONS/RS/bills/hb3272%20enr.pdf
- https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=168&year=2025&sessiontype=RS&btype=bill
- https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=3435&year=2025&sessiontype=RS&btype=bill
- https://code.wvlegislature.gov/55-3A-1/
- https://code.wvlegislature.gov/55-3A-3/
- https://code.wvlegislature.gov/50-5-12/
- https://codes.findlaw.com/wv/chapter-37-real-property/wv-code-sect-37-6a-1/
- https://codes.findlaw.com/wv/chapter-37-real-property/wv-code-sect-37-6a-2/
- https://codes.findlaw.com/wv/chapter-37-real-property/wv-code-sect-37-6-5/
Questions landlords ask about eviction in West Virginia
How long does an eviction take in West Virginia?
West Virginia sets no notice period before filing for unpaid rent. After filing, the court sets the pace, so there is no honest total: the hearing, the judgment and the removal follow the court’s calendar and the timing rules quoted on this page.
What notice does a West Virginia landlord serve for unpaid rent?
West Virginia sets no notice period before filing for unpaid rent (W. Va. Code § 55-3A-1(a)(3), (b)). The exact condition the statute sets is quoted in the steps above.
Can a landlord change the locks in West Virginia?
We could not confirm West Virginia’s rule from an official text. The court process is the safe course.
Where is an eviction filed in West Virginia?
In the magistrate court or circuit court, where the case is called petition for summary relief for wrongful occupation (W. Va. Code § 55-3A-1 (as amended by 2025 HB 3272), § 55-3A-3(f); § 50-5-12(a) (20 days to appeal a magistrate court judgment)).
How does a landlord end a month-to-month tenancy in West Virginia?
With 30 days’ notice (W. Va. Code § 37-6-5). If the tenant stays on after that, the eviction process on this page applies.
Can the tenant appeal an eviction in West Virginia?
Yes. The tenant has 20 days after the judgment to appeal.
The eviction process in other states
- Utah: 3 business days for unpaid rent
- Vermont: 14 calendar days for unpaid rent
- Virginia: 14 calendar days for unpaid rent
- Washington State: 14 calendar days for unpaid rent
- Wisconsin: 5 calendar days for unpaid rent
- Wyoming: 3 calendar days for unpaid rent
- Alabama: 7 business days for unpaid rent
- Alaska: 7 calendar days for unpaid rent
General information, not legal adviceEviction law changes, and a court can read a statute differently from this summary. Check the current text and your local court’s rules, or ask a lawyer licensed in the state, before you serve a notice or file.
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