West Virginia Eviction Notice

West Virginia notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

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).

Delivery, form and other West Virginia rules

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 2026-09-27

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 2026-09-27

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 2026-09-27

Preparing the notice

The form asks for the tenancy, the kind of notice and the dates, and the notice ends with a Certificate of Service to record how you delivered it. Beside the finished notice you get a West Virginia checklist of the period, form and delivery rules LeaseCraft recorded. The period in the notice is the one you choose; where LeaseCraft has verified the West Virginia period and your deadline is too soon, the document is not prepared until you move it.

Create a West Virginia eviction notice

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Eviction Notice rules in nearby states

Eviction Notice rules for every state