Housing & Tenant · Eviction Notice
Eviction Notice in West Virginia
How many days of written notice a landlord must give before filing an eviction in West Virginia, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in West Virginia
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in West Virginia | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stayNone (no pre-filing notice) | West Virginia sets no pre-filing notice period. The landlord files a verified petition stating that the tenant is in arrears, and there is no separate warning letter first (W. Va. Code 55-3A-1). A tenant may be able to stop the case by paying all rent, interest, and costs before trial. |
| Breach of a lease covenant or damage to the property | None (no pre-filing notice) | A breach of a warranty or leasehold covenant, or deliberate or negligent damage to the property, is a ground for a petition with no pre-filing notice period set (W. Va. Code 55-3A-1). |
| Court hearing | 5 to 10 judicial days after filing | The court sets a hearing not less than 5 nor more than 10 judicial days after the petition is filed, and the tenant has five days from receiving the notice to file a written defense (W. Va. Code 55-3A-1). |
| After the notice | Court | The process opens with a verified petition in magistrate or circuit court, not with a warning letter. Service is under the Rules of Civil Procedure or by certified mail with return receipt. Only a court can order a tenant removed. |
| Statute | W. Va. Code §55-3A-1; §37-6-23 | The controlling statute for these notice periods. Read the full text through the source link below. |
Most guides describe West Virginia with a notice period. The statute read here sets none before filing. The pay-before-trial provision in W. Va. Code 37-6-23 was not read verbatim this session, so confirm it before relying on the ability to stop the case by paying.
What you can do right now
Concrete, neutral steps if you have received an eviction notice in West Virginia. This is legal information, not legal advice.
- Do not wait for a warning notice
West Virginia does not require a pre-filing notice, so the first document you receive may be a court date, not a warning. Treat the rent due date as your deadline and act as soon as you fall behind, because there is no grace notice coming.
- File your written defense within five days
When you are served, you generally have five days from receipt to file a written defense. That window is short, so respond quickly, with your lease and payment records, rather than waiting for the hearing.
- Try to pay before the trial date
A tenant may be able to stop the case by paying all unpaid rent, interest, and costs before the trial date. Confirm this route with a court clerk or legal aid, because the exact provision should be checked, and keep proof of anything you pay.
- Get local legal help
A local West Virginia legal aid office can explain the fast petition timeline and the pay-before-trial option. Search for legal aid in your area and act immediately, because a hearing may be only five judicial days out.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What West Virginia renters get wrong
West Virginia is one of a small group of states with no eviction notice at all, alongside Missouri and New Jersey. What makes West Virginia different is the speed on the far side. The first document a renter receives is not a warning, it is a notice of a hearing that has already been set, and it may be as few as five judicial days away (W. Va. Code 55-3A-1). The landlord opens the case with a verified petition, filed directly in magistrate or circuit court, stating that the tenant is in arrears or has breached the lease. The court then schedules the hearing between five and ten judicial days after filing, and the renter has five days from receiving the notice to file a written defense. There may be a route to stop the case by paying all rent, interest, and costs before the trial date under a separate provision, but that section was not read verbatim in this research, which is part of why this page is marked as cited. The practical lesson for a West Virginia renter is that there is no grace notice to wait for, so acting the moment rent is late matters more here than almost anywhere. Only a court can order a tenant out.
Common questions
Do I get any warning before a West Virginia eviction?
Generally no. West Virginia sets no pre-filing notice period. Under W. Va. Code 55-3A-1 the landlord files a verified petition directly, so the first thing you receive is usually a notice of a hearing rather than a warning letter, which is unusual among the states.
How soon is the West Virginia hearing after the landlord files?
The court sets it not less than 5 nor more than 10 judicial days after the petition is filed. That is fast, so once you are served you have little time to prepare, and you should respond immediately rather than waiting for the hearing date.
How long do I have to file a defense in West Virginia?
Five days from when you receive the notice. The petition process requires the notice to tell you that a written defense may be filed within five days of receipt, so that short window is your chance to raise your side before the hearing.
Can I stop a West Virginia eviction by paying before the trial date?
Possibly. A tenant may be able to halt the case by paying all unpaid rent, interest, and costs before the trial date under a separate West Virginia provision. Because that section should be confirmed, check with a court clerk or legal aid and keep proof of any payment.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.