Tenant Rights WV - Updated 2025

West Virginia Tenant Eviction Rights: Know Your Protections

Facing eviction in West Virginia? This guide explains your legal rights, the eviction process, how to respond to notices, and resources available to help you.

Your Rights Are Protected
In West Virginia, only a court can legally evict you. Your landlord cannot change your locks, shut off utilities, or remove your belongings without a court order. If they do, they're breaking the law.

Non-Payment Notice

Immediate

to pay or respond

Violation Notice

Immediate

to cure or respond

Month-to-Month

30 days

advance notice required

Court Process

5-10 days

typical timeline

Illegal Eviction Tactics in West Virginia

Your landlord CANNOT do any of these without a court order:

Change your locks
Shut off water, electricity, or gas
Remove your belongings

Remove doors or windows
Physically force you out
Threaten or harass you

If your landlord does any of these: Document it (photos, videos, witnesses), call the police if you feel unsafe, and contact a tenant rights attorney. You may be entitled to significant damages.

What to Do When You Receive an Eviction Notice

Immediate Steps:

Don't panic. You have rights and options. The notice is not an eviction - only a court can evict you.
Read it carefully. Note the reason, the deadline, and what action is required.
Check if it's valid. Does it have all required information? Was it served properly under WV law?
Calculate your deadline. In West Virginia, you typically have Immediate for non-payment or Immediate for violations.

Your Options:

Option 1: Cure the Issue

If you can pay the rent or fix the violation within the notice period, the eviction stops. Get written confirmation from your landlord.

Option 2: Negotiate

Talk to your landlord about a payment plan, more time, or a mutual move-out agreement. Get everything in writing.

Option 3: Fight in Court

If you have defenses (improper notice, retaliation, discrimination, habitability issues), you can contest the eviction in court.

Your Legal Defenses in West Virginia

Procedural Defenses:

Improper notice: Notice didn't meet WV requirements
Wrong notice type: Landlord used wrong notice for the situation
Improper service: Notice wasn't delivered correctly
Math errors: Rent amount or dates are incorrect

Substantive Defenses:

Retaliation: Eviction is payback for complaints or exercising rights
Discrimination: Based on race, religion, family status, disability, etc.
Habitability: Landlord failed to maintain safe/livable conditions
Payment made: You paid rent before deadline

Get Help in West Virginia

Legal Aid: Search "legal aid West Virginia" for free legal help
Tenant Rights Organizations: Local groups can advise you on WV laws
211 Hotline: Call 211 for emergency housing resources
West Virginia Bar Association: Lawyer referral services

Rental Assistance

If you're behind on rent, financial help may be available:

West Virginia Emergency Rental Assistance
Section 8 Housing Vouchers
Local nonprofit programs
Faith-based assistance
Utility assistance programs

Know Your Rights

Download our free West Virginia Tenant Rights checklist and eviction response guide.

Get Resources