Navigating West Virginia eviction laws can often feel overwhelming, but getting to know the process is a must for landlords and property managers who want to handle evictions legally and efficiently. Evictions happen due to non-payment of rent, lease violations, or an expired rental agreement. However, regardless of the reason, following the correct legal steps is critical if you want a smooth experience, whether you’re a tenant or landlord.
Evictions are governed by West Virginia landlord-tenant law, which details the rights and responsibilities of both landlords and tenants. The West Virginia Code ensures that eviction cases follow due process, protecting landlords’ property rights while also giving tenants a fair chance to respond. However, failing to comply with the legal requirements—such as serving the correct eviction notice or following proper court eviction procedures—can delay the process or even result in a dismissed eviction lawsuit.
For landlords, this means keeping detailed records, issuing written notices properly, and ensuring all actions align with state law. For tenants, knowing your rights and legal options can help you respond appropriately to an eviction action.
By understanding the West Virginia eviction process, landlords can avoid costly mistakes, resolve tenant disputes more efficiently, and keep their rental property running smoothly. In this guide, we’ll break down the step-by-step eviction process, the required West Virginia eviction notices, and what to expect when handling an eviction case in 2025. Let’s explore the eviction process in West Virginia first, step-by-step.
The Step-by-Step Eviction Process in West Virginia
Evictions in West Virginia follow a structured legal process to ensure fairness for both landlords and tenants. It doesn’t matter if it’s due to non-payment of rent, lease violations, or illegal activity. All landlords must follow state law to remove a tenant legally. Any attempt to conduct a self-help eviction—such as changing locks or shutting off utilities—can lead to legal consequences for the landlord.
By following the correct eviction procedures, landlords can protect their rental property while avoiding unnecessary delays or lawsuits. Here’s what the West Virginia eviction process looks like in 2025.
1. Issuing a Written Notice
The first step in the eviction process is notifying the tenant about the issue. The type of eviction notice depends on the reason for removal:
- Non-Payment of Rent: West Virginia law does not require landlords to give prior notice before filing an eviction lawsuit for unpaid rent. However, many landlords choose to issue a 5-day notice to pay or vacate as a courtesy.
- Lease Violations: If a tenant violates their lease agreement (such as keeping unauthorized pets or damaging the property), landlords must provide a 10 to 30-day written notice, depending on the severity of the violation.
- Illegal Activity: If the tenant engages in criminal behavior on the rental property, the landlord can proceed with immediate legal action without prior written notice.
- End of Lease Term: If a lease has expired and your tenant has not signed a new lease agreement, you, as the landlord, must issue a 30-day notice for month-to-month tenants or a 90-day notice for yearly leases.
2. Filing an Eviction Complaint
If the tenant does not resolve the issue within the notice period, then the landlord can file an official eviction complaint with the local court. This step officially starts the court eviction process. The landlord will need to provide:
- A copy of the agreed-upon rental agreement or lease forms
- The West Virginia eviction notice served to the tenant
- Evidence of rent non-payment, lease violations, or illegal activity
3. Serving the Tenant
Once the eviction lawsuit is filed officially, the tenant must be formally served with a summons and complaint. West Virginia eviction laws allow landlords to serve tenants through:
- Personal service: Delivered directly to the tenant.
- Substituted service: Given to an adult family member at the rental unit.
- Certified mail: Requires a return receipt.
- Publication: If the tenant cannot be located, a notice may be printed in a local newspaper.
If you’re the tenant, you have five days to respond, though you are not legally required to file an answer for the case to move forward.
4. Court Eviction Process
A court hearing will be scheduled within the next 5 to 10 business days after filing. During the hearing:
- The landlord presents evidence, including lease agreements, tenant ledgers, payment records, and any communication with the tenant.
- The tenant can defend themselves against an eviction lawsuit by arguing improper notice, unsafe living conditions, or retaliation.
- If the tenant does not show up, the landlord automatically wins through a default judgment.
5. Issuance of a Judgment
In the event that the judge actually rules in favor of the landlord, they will issue a judgment for possession. The tenant will be given a final deadline to vacate the rental property voluntarily. If the tenant still refuses to leave, the landlord must take additional legal steps.
6. Obtaining a Writ of Possession
A Writ of Possession is a court order allowing law enforcement to forcibly remove the tenant from the rental unit. The landlord must request this document if the tenant does not leave by the court-ordered date.
7. Tenant Removal by Law Enforcement
If the tenant remains in the property, the county sheriff will enforce the eviction action. This process typically occurs within a few days to a few weeks, depending on sheriff availability and court scheduling.
Now that you know the process, let’s explore when and if a landlord can enter a rental property without notice.
Related: Ohio Evictions | Laws and Protections
Can a Landlord Enter a Rental Property Without Notice in West Virginia?
One of the most common questions from West Virginia landlords and tenants is whether a landlord can enter a rental property without giving prior notice. Fortunately, West Virginia landlord-tenant law provides clear guidelines on when and how landlords can access a unit while also protecting tenant rights to privacy and quiet enjoyment of their home.
West Virginia Law on Landlord Access
Under the West Virginia Code, landlords must provide reasonable notice before entering a tenant’s rental unit for non-emergency reasons. While the state does not specify a set timeframe (such as 24 or 48 hours), most lease agreements include a clause requiring at least 24 hours' written notice for routine inspections, repairs, or maintenance.
When Can a Landlord Enter Without Notice?
There are certain situations where a West Virginia landlord can access a rental unit without giving prior notice. These include the following scenarios:
- Emergencies: If there is an urgent issue such as a fire, gas leak, flood, or major electrical failure, a landlord has the right to enter immediately to prevent property damage or ensure tenant safety.
- Court Order or Eviction Case: If a West Virginia eviction process is underway and a court order grants the landlord access, they may enter the property legally.
- Abandonment: If a tenant vacates the unit without notice or has been missing for an extended period, landlords may be allowed to enter to assess the condition of the property.
Written Notice Requirements for Inspections and Repairs
For routine maintenance, inspections, or non-urgent repairs, landlords must provide written notice before entering. This helps encourage a good landlord-tenant relationship and ensures tenants have time to prepare. West Virginia notices should include:
- The reason for entry (such as scheduled maintenance or an annual inspection).
- The date and time the landlord or property manager will arrive.
- Contact information for the landlord or maintenance team in case of questions or scheduling conflicts.
When it comes to rent increases, however, the expectations for notices do different depending on the situation.
What Notice Is Required for a Landlord to Increase Rent in West Virginia?
For West Virginia landlords, adjusting rent payments is a necessary part of property management, typically due to rising maintenance costs, market demand, or inflation. However, rent increases must be handled correctly to comply with West Virginia landlord-tenant law and maintain a positive landlord-tenant relationship.
Does West Virginia Have Rent Control Laws?
Unlike some states, West Virginia eviction laws do not include rent control regulations at the state level. This means that landlords have the legal right to increase rent as long as they follow proper notice requirements and do not use rent hikes as a retaliatory or discriminatory action against a tenant.
What is the Required Notice for Rent Increases?
For month-to-month rental agreements, West Virginia landlords have to give tenants with at least 30 days’ written notice before they can raise rent. This notice gives tenants enough time to adjust their budget, negotiate lease terms, or find alternative housing if needed.
If a fixed-term lease (such as a one-year agreement) is in place, the landlord cannot increase rent until the lease term officially expires unless the lease specifically allows for mid-term increases. Any changes must be agreed upon by both parties in a new lease agreement or an addendum.
How Rent Increases Affect Tenants and Affordable Housing
While increasing rent is sometimes necessary, landlords should consider how higher costs impact West Virginia tenants, particularly in parts of the state where affordable housing is limited. A fair and transparent approach to rent adjustments helps maintain long-term occupancy and prevents unnecessary tenant turnover.
Best Practices for Implementing Rent Changes
If you are a landlord and you want to change the rent, here are some tips to ensure you remain compliant and fair:
- Provide Clear Written Notice: Include the effective date and new rent amount in writing.
- Review Market Rates: Research local residential rental property pricing to ensure the increase is competitive.
- Communicate Professionally: Offer tenants a chance to discuss concerns before the new rate takes effect.
By following West Virginia law and maintaining open communication, landlords can implement rent increases fairly and legally while keeping their rental units occupied. However, in the event that a tenant is asked to move out, it’s important to know how much time you, as the landlord, must give the tenant to vacate the premises.
Related: Kentucky Evictions | Laws and Protections
How Long Does a Landlord Have to Give You to Move Out in West Virginia?
Regarding moving out of a rental property, both West Virginia landlords and tenants need to understand the legal notice requirements to avoid disputes or last-minute complications. The West Virginia eviction process sets clear guidelines on how much written notice a landlord must provide before a tenant is required to vacate.
Typical Notice Periods Based on Lease Type
The amount of time a West Virginia tenant has to move out depends on the type of lease agreement they have in place.
- Week-to-Week Lease: Landlords must provide a 7-day written notice before requiring a tenant to vacate.
- Month-to-Month Lease: A 30-day eviction notice is required to terminate the tenancy legally.
- Yearly Lease Term: If a tenant is on a fixed-term lease, the landlord must provide a 90-day written notice before ending the lease.
What Happens If a Tenant Stays Past the Notice Period?
If a West Virginia tenant remains in the rental unit after the notice period ends, the landlord must proceed with an eviction action through the court. This means:
- Filing an eviction complaint with the local court.
- Serving the tenant with a summons asking them to appear in court.
- Attending an eviction hearing, where a judge will decide whether the tenant must vacate.
- If the landlord wins the eviction case, they are able to request a Writ of Possession, allowing law enforcement to get the tenant out of the unit if they refuse to leave voluntarily.
Fortunately, if you create lease agreements with comprehensive expectations, you can avoid these situations. Landlords should use proper lease forms to outline notice periods, renewal options, and expectations for ending the lease term. However, there are some situations where a tenant could—and should—stay and not vacate their unit.
Tenant Rights and Defenses Against Eviction in West Virginia
While landlords have legal grounds to remove tenants in certain situations, West Virginia eviction laws also provide protections for tenants facing eviction. Every West Virginia tenant has the right to due process, meaning they cannot be removed from a rental property without following the proper eviction procedures. If a landlord fails to comply with West Virginia landlord-tenant law, a tenant may have legal defenses to fight the eviction action.
Common Tenant Defenses in an Eviction Lawsuit
Tenants can challenge an eviction case if they believe the landlord did not follow state law or violated their rights. Some common defenses against eviction include:
- Improper Eviction Notice Procedures: Landlords must issue a written notice before filing an eviction complaint. If they fail to provide proper notice or do not follow the correct timeline, the case may be dismissed.
- Retaliatory Eviction: It is illegal for a West Virginia landlord to evict a tenant in retaliation for reporting unsafe living conditions, filing a complaint, or exercising their tenant rights.
- Discrimination Under Fair Housing Laws: Federal and West Virginia eviction laws protect tenants from discrimination based on one’s race, color, national origin, sex, disability, religion, or even familial status. If a tenant believes their eviction lawsuit is based on discrimination, they may have legal grounds to fight it.
- Uninhabitable Rental Unit: Landlords are required to maintain a safe and habitable rental property. If a unit has severe issues like mold, lack of heating, pest infestations, or dangerous structural problems, a tenant may argue that the eviction is invalid because the landlord failed to uphold their obligations.
How Tenants Can Respond to an Eviction Complaint
If a tenant receives an eviction notice or a court summons, they should act quickly to protect their rights:
- Review the eviction notice: Ensure it follows West Virginia law and was properly served.
- Gather documentation: Collect lease agreements, rent payment records, maintenance requests, and any written communication with the landlord.
- File a response: While tenants are not required to submit a response to the eviction lawsuit, doing so can help present their defense before the court date.
- Attend the eviction hearing: If the tenant does not show up, the judge may rule in favor of the landlord by default.
Need Legal Aid and Tenant Assistance in West Virginia?
Tenants who cannot afford legal representation may seek assistance through organizations like the West Virginia Coalition or Legal Aid of West Virginia. These resources help tenants understand their rights, file legal paperwork, and present defenses in court. You should also prepare for the potential costs.
Related: Virginia Evictions | Laws and Protections
Eviction Costs for Landlords and Tenants in West Virginia
The eviction process in West Virginia can be costly for both landlords and tenants. Beyond the stress of removing a tenant or finding a new place to live, there are significant financial burdens associated with an eviction case. From court filing fees to relocation expenses, understanding these costs can help both parties prepare for the potential impact.
Landlord Expenses in the Eviction Process
For West Virginia landlords, evictions come with both legal fees and lost rental income. Some of the primary costs include:
- Court Filing Fees: Landlords must pay $50 to $150 to file an eviction lawsuit in the local court.
- Attorney Fees: While some landlords handle eviction proceedings on their own, hiring a lawyer can cost anywhere from $500 to $2,500, depending on case complexity.
- Lost Rent Payments: If a tenant stops paying rent, landlords may lose several months’ worth of income while the eviction action moves through the courts.
- Property Damage or Repairs: Some tenants leave behind damaged rental units, leading to costly repairs before the property can be leased again.
Tenant Expenses During Eviction
For tenants, an eviction case can create long-term financial challenges, such as:
- Legal Defense Costs: Tenants who hire an attorney to fight an eviction complaint may face legal fees.
- Relocation Expenses: Moving costs, a security deposit, and first month’s rent at a new rental property can add up quickly.
- Credit & Rental History Impact: An eviction lawsuit may appear on a tenant’s rental history, making it harder to secure future housing.
How Landlords Can Reduce Financial Risks
To avoid costly evictions, West Virginia landlords should:
- Use tenant screening services to find reliable renters.
- Maintain accurate tenant ledgers to track rent payments and lease violations.
- Communicate with tenants early to resolve disputes before filing an eviction lawsuit.
By taking proactive steps, landlords can protect their rental property and reduce the financial risks of an eviction process.
Handling Tenant Belongings After an Eviction in West Virginia
After an eviction, landlords must follow West Virginia eviction laws when handling tenant belongings left behind. West Virginia landlords are required to store the tenant’s property for 30 days, giving them an opportunity to reclaim it.
During this period, landlords must provide written notice informing the tenant how to retrieve their items. If the tenant does not collect their belongings, the rental property owner has the right to:
- Sell the items to recover unpaid rent.
- Dispose of them legally without liability.
A lease agreement should clearly outline property removal policies to prevent disputes.
Strategies for Landlords to Prevent Eviction Cases
Preventing eviction cases starts with proactive property management. West Virginia landlords can reduce tenant disputes and missed rent payments by implementing smart strategies, such as:
- Thorough tenant screening to ensure reliable renters before signing a rental agreement.
- Flexible rent payment options for tenants facing short-term financial hardship.
- Regular property maintenance to keep the rental unit in top condition and prevent complaints.
- Clear lease terms outlining rules, responsibilities, and consequences.
Using property management software helps landlords track lease violations, rent collection, and eviction notices, ensuring a smooth rental process.
Streamline Your Property Management in West Virginia with TenantCloud
Understanding West Virginia eviction laws is essential for landlords and even property managers looking to protect their rental properties while ensuring compliance with state regulations. By following the correct eviction process, issuing proper written notices, and maintaining clear lease agreements, landlords can prevent legal complications and keep their rentals running smoothly.
Managing tenant screening, rent collection, and lease enforcement can be time-consuming—especially for landlords handling multiple rental units. TenantCloud makes property management simple with an all-in-one platform designed to help landlords stay organized and compliant with West Virginia landlord-tenant law.
With TenantCloud, you can:
- Automate rent collection to ensure timely payments.
- Create and manage lease agreements with customizable templates and e-signatures.
- Track lease violations and tenant communications in one streamlined system.
Why deal with unnecessary stress? Sign up for TenantCloud’s FREE 14-day trial today and experience hassle-free property management!
