West Virginia Eviction Laws

West Virginia notice periods for ending a tenancy and starting an eviction, each as LeaseCraft read it in the statute at the official source, with its citation and read date (most recently ).

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West Virginia notice periods

Periods are as the statute states them: some are minimums, some apply unless the lease sets another. "Lease controls" means there is no statutory period; "No pre-suit notice" means none is required before filing.

SituationNotice periodSource
Unpaid rent No pre-suit notice W. Va. Code 55-3A-1(a)-(c) (as amended by 2025 HB 3272, eff. 2025-07-11)
Read
Lease violation No pre-suit notice W. Va. Code 55-3A-1(a)(3)
Read
Ending the tenancy without a chance to cure No pre-suit notice W. Va. Code 55-3A-1(a)(3)
Read
Ending a month-to-month tenancy 30 days W. Va. Code 37-6-5
Read
Tenant staying after the lease ends Lease controls W. Va. Code 37-6-5; 55-3A-1
Read
Ending a week-to-week tenancy 7 days W. Va. Code 37-6-5
Read

What the West Virginia statute says

Unpaid rent No pre-suit notice
  • No statutory pre-suit notice or demand: W. Va. Code 55-3A-1(a) lets a landlord petition the magistrate or circuit court for summary relief once the tenant 'is in arrears in the payment of rent', with no notice-to-quit prerequisite in the text.
  • Post-filing process: court schedules a hearing not less than 5 nor more than 10 judicial days after filing (55-3A-1(b)); tenant is served under W. Va. R. Civ. P. 4 or by certified mail, return receipt requested, and may file written defenses within five days of receipt (55-3A-1(c)).
  • A lease may itself require notice; the statute does not.
Lease violation No pre-suit notice
  • No statutory comply-or-quit notice: breach of 'a warranty or a leasehold covenant' is itself a ground for the 55-3A-1 petition without prior notice; any cure right must come from the lease.
Ending the tenancy without a chance to cure No pre-suit notice
  • Deliberate or negligent damage to the property (or knowingly permitting another to do so) is a direct ground for the summary petition, no notice required (55-3A-1(a)(3)).
Ending a month-to-month tenancy 30 days
  • W. Va. Code 37-6-5: a periodic tenancy with a period of less than one year may be terminated by written notice 'for one full period before the end of any period' (one month for month-to-month) — or by the year-to-year rule (three months before the end of a year).
  • Does not apply 'where, by special agreement, some other period of notice is fixed, or no notice is to be given'.
Tenant staying after the lease ends Lease controls
  • No separate holdover notice found in 37-6-5 or 55-3A-1 (55-3A-1 grounds are arrears, breach and damage; holdover after a 37-6-5 notice is pursued as wrongful occupation/unlawful detainer under other sections not researched).
Ending a week-to-week tenancy 7 days
  • 37-6-5: notice 'for one full period before the end of any period' — one week for week-to-week.

Just cause, delivery, form and local rules in West Virginia

How the notice may be delivered

No pre-suit notice to serve for nonpayment/breach. The 55-3A-1(c) notice of petition/hearing is served on the tenant 'in accordance with Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested'. A 37-6-5 termination notice must be 'in writing'; no delivery method is prescribed in that section.

W. Va. Code 55-3A-1(c); 37-6-5 · read

Required form or contents

none found — no pre-suit notice exists for nonpayment/breach; the court's notice of hearing under 55-3A-1(c) must tell the tenant that written defenses may be filed within five days of receipt.

W. Va. Code 55-3A-1(c) · read

Statewide just-cause rule

No statewide just-cause requirement

  • No just-cause requirement found; periodic tenancies end on 37-6-5 notice and the lease may even dispense with notice.

W. Va. Code 37-6-5; 55-3A-1 · read

For West Virginia landlords

  • Find the period for your situation in the table above and count it from the day the notice is delivered.
  • Deliver the notice the way West Virginia law allows and keep a record of how and when.
  • A notice is not a court order and does not by itself remove a tenant.

For West Virginia tenants

  • Compare the notice you received with the period for its situation in the table above and the date it reached you.
  • A notice is not a court order. If a case is filed, the court papers say how and by when to respond.
  • Local legal aid and tenant organizations can explain your options.

How an eviction generally proceeds

A general outline, not West Virginia law: the steps, their names and their deadlines differ by state and court. The West Virginia rules LeaseCraft has verified are the ones above.

  1. Written notice. The landlord gives the notice the situation calls for and waits out its period.
  2. Court filing. If the tenant has not paid, cured or left, the landlord files an eviction case in court.
  3. Hearing. Both sides can be heard; the tenant may raise defenses such as an improper notice.
  4. Judgment. The court decides who has the right to the property.
  5. Removal. If the court rules for the landlord, removal follows its order. A notice is not a court order and does not by itself remove a tenant.

West Virginia eviction questions

  • LeaseCraft's record holds no notice period before filing. Source: W. Va. Code 55-3A-1(a)-(c) (as amended by 2025 HB 3272, eff. 2025-07-11). No statutory pre-suit notice or demand: W. Va. Code 55-3A-1(a) lets a landlord petition the magistrate or circuit court for summary relief once the tenant 'is in arrears in the payment of rent', with no notice-to-quit prerequisite in the text. LeaseCraft read this at the official source on 2026-09-27.

  • LeaseCraft's record holds no notice period before filing. Source: W. Va. Code 55-3A-1(a)(3). No statutory comply-or-quit notice: breach of 'a warranty or a leasehold covenant' is itself a ground for the 55-3A-1 petition without prior notice; any cure right must come from the lease. LeaseCraft read this at the official source on 2026-09-27.

  • 30 days, under W. Va. Code 37-6-5. W. Va. Code 37-6-5: a periodic tenancy with a period of less than one year may be terminated by written notice 'for one full period before the end of any period' (one month for month-to-month) — or by the year-to-year rule (three months before the end of a year). LeaseCraft read this at the official source on 2026-09-27.

  • No pre-suit notice to serve for nonpayment/breach. The 55-3A-1(c) notice of petition/hearing is served on the tenant 'in accordance with Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested'. A 37-6-5 termination notice must be 'in writing'; no delivery method is prescribed in that section. Source: W. Va. Code 55-3A-1(c); 37-6-5. LeaseCraft read this at the official source on 2026-09-27.

  • No statewide just-cause requirement, under W. Va. Code 37-6-5; 55-3A-1. No just-cause requirement found; periodic tenancies end on 37-6-5 notice and the lease may even dispense with notice. LeaseCraft read this at the official source on 2026-09-27.

  • 7 days, under W. Va. Code 37-6-5. 37-6-5: notice 'for one full period before the end of any period' — one week for week-to-week. LeaseCraft read this at the official source on 2026-09-27.

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Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.