Eviction Law in West Virginia
Dealing with a problem tenant can feel like a full-time job—especially when they stop paying rent or break the rules spelled out in your lease. And while eviction might feel like the only option, it’s rarely a straightforward process in West Virginia.
Our West Virginia eviction guide walks you through each step of the process so you can act with confidence. Whether you’re sending a notice or preparing for court, this is your first step toward resolution—and we can even help connect you with a local attorney.
What Is an Eviction?
An eviction in West Virginia begins when a landlord formally demands that a tenant vacate the property—usually after unpaid rent or a lease violation. While the law gives landlords the right to remove tenants under certain conditions, the process isn’t as easy as posting a notice and changing the locks.
It’s also worth noting that not every notice to vacate ends with an actual eviction. In many situations, a notice is enough to get the tenant’s attention. If they correct the issue—by paying rent or complying with the lease—the eviction process may stop right there.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If your tenant in West Virginia has fallen behind on rent—or routinely pays late—it may be time to consider legal action. Occasional tardiness might seem forgivable, but a pattern of late or missed payments can quickly become a financial strain on any property owner. While some states offer tenants a grace period to catch up, West Virginia does not require landlords to extend such leniency.
According to the West Virginia Legislature, state law does not include any automatic grace period for overdue rent. This means that as a landlord, you can act quickly if your tenant fails to meet their rent obligations. A formal notice may be issued as soon as rent becomes delinquent, giving you more control over the situation before the issue grows worse.
That said, documentation matters. Always send a written “late rent” notice and save a copy for your records. If your tenant disputes the eviction later, these notices can provide clear evidence of nonpayment.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Your lease agreement is more than just paperwork—it’s a binding legal contract. When a tenant knowingly breaks a rule laid out in that contract, it can become grounds for eviction. For instance, if the agreement prohibits subletting and your tenant brings in another occupant without permission, you have the right to begin the eviction process.
That said, the lease works both ways. West Virginia landlords are also expected to uphold their end of the deal, including making repairs and maintaining the property as outlined in the agreement. Any failure on the landlord’s part could weaken an eviction claim or invite counterclaims in court.
The Tenant Damages the Property
Normal wear and tear is a part of renting out a home—scuffed floors or faded paint come with the territory. But intentional or reckless damage is another matter entirely. When a tenant destroys walls, smashes windows, or otherwise disrespects the property, you’re well within your rights to take action.
However, it’s important to document the damage. Photos, repair estimates, and written notices help build a strong case if the eviction ends up before a judge. If the tenant has made minor repairs themselves or hasn’t significantly altered the property, it may not rise to the level of an eviction.
The Tenant Uses the Property for Illegal Purposes
If your West Virginia rental property is being used for illegal activity—such as drug sales, weapons trafficking, or other crimes—you don’t have to tolerate it. These serious violations can result in swift eviction and potentially criminal charges for the tenant.
Still, you must be prepared to back up your claims. Any reports from law enforcement, eyewitness statements, or photographic evidence will go a long way toward proving your case. Allegations without documentation can delay the process or cause your claim to be dismissed.
How to Evict a Tenant in West Virginia
Step 1. Check Your Local Laws
West Virginia’s eviction process is unique and, in some cases, can differ from one city or county to the next. That’s why it’s essential to review the applicable state and local laws before you move forward. Not every disagreement with a tenant is enough to justify eviction, and failing to follow the legal steps could hurt your chances in court.
According to West Virginia Renter’s Rights, nonpayment of rent remains the most common reason landlords begin eviction proceedings. But other violations—such as damaging the rental property, disturbing neighbors, or breaching a lease term—may also be valid.
Step 2. Give a Formal Notice of Eviction
If your tenant continues to violate the terms of your lease—even after you’ve made reasonable attempts to resolve the issue—it may be time to issue a formal eviction notice. In West Virginia, this notice acts as a final warning. It should clearly explain what part of the lease the tenant has violated, and what action, if any, they can take to avoid further consequences.
Your eviction notice must also include a firm deadline. This date tells the tenant when they must either fix the violation, pay the rent owed, or vacate the property. Be specific about the amount due, the timeline they have to comply, and what will happen if they do not.
Once the notice has been served and the deadline passes without resolution, the next step is to file for eviction through the court system. This process begins when the landlord files a complaint and the court issues a summons to the tenant. The court typically sets a hearing within ten days of the request.
From start to finish, the West Virginia eviction process can take anywhere from one to three months. Much depends on the complexity of the issue and how quickly the court moves.
Step 3. File the Eviction with the Court
After serving a formal notice to vacate, the next step is filing your eviction case with the court. In West Virginia, this means submitting the necessary paperwork to either the Magistrate or Circuit Court, depending on the type and value of the dispute.
Step 4. Contact an Experienced West Virginia Eviction Attorney and Prepare for the Hearing
An experienced West Virginia eviction attorney can guide you through the hearing preparation and help you organize the necessary documentation. Even a simple misstep in your paperwork could cost you the case, so it’s best to show up to court fully prepared. Make sure to bring clear, organized records such as:
- A copy of the signed lease agreement
- A full rent payment ledger showing any missed or late payments
- Copies of bounced checks (if applicable)
- Written or digital communication between you and the tenant
- A copy of the official eviction notice
- Evidence that the notice was served properly, such as a certified mail receipt or photo of the posted notice
Step 5. Evict the Tenant
If the court rules in your favor, the tenant will be ordered to vacate the property. In West Virginia, the judge may provide a short window—often just a few days—for the tenant to leave on their own. If they refuse to comply within the court’s timeframe, you can request assistance from local law enforcement to carry out the eviction.
Keep in mind that only a sheriff or authorized officer may legally remove a tenant. You should never try to force them out yourself, as doing so could put you in legal jeopardy.
Step 6. Collect Past-Due Rent Payments
Winning the eviction doesn’t always mean you’ll recover the rent owed. If your tenant still has an outstanding balance, you may need to take further steps to collect. Landlords in West Virginia have several legal options available to pursue unpaid rent, including:
- Working with a debt collection agency to track down payments
- Filing for a wage garnishment through the courts
- Requesting a garnishment of the tenant’s state or federal tax refund
- Suing the tenant in small claims court for the total amount due
Work with an Experienced Eviction Attorney in West Virginia
Tenants in West Virginia may try to delay or contest an eviction by claiming the notice wasn’t properly served or the timeline wasn’t followed. These challenges can slow the process and cost you valuable time.
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified West Virginia attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across West Virginia state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Check out other areas of West Virginia state law that might apply to your case!
