Outline of the Eviction Process in West Virginia

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: W. Va. Code § 55-3A-1 to § 55-3A-3 (Unlawful Detainer); § 37-6-1 to § 37-6-30 (Landlord and Tenant).

2. Notice to Quit

• Written notice served:
  • Non-payment: Immediate notice to pay or vacate (typically 5–10 days per lease).
  • Lease violation: 30-day notice to cure or vacate (if curable); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified mail), or posted with mailed copy.
• Tenant can cure by paying rent (reasonable time, often 5–10 days) or fixing violation (within 30 days).

3. Filing the Eviction Case

• File Complaint for Unlawful Detainer (Form SCA-MI-105 in Magistrate Court) in Magistrate or Circuit Court.
• Documents: Complaint, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$35–$55 (Magistrate); ~$200 (Circuit, varies by county).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, constable, or process server serves papers 5 days before hearing (Magistrate); 10 days (Circuit).
• Methods: Personal delivery, left with resident (age 16+), or posted and mailed.
• Tenant must appear; written Answer optional within 5 days (Magistrate) or 10 days (Circuit).

5. Court Hearing

• Held 10–20 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or agreement (rare).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 5 days to Circuit Court or Supreme Court of Appeals (requires bond).
• Writ issued: ~5–10 days post-judgment; sheriff serves 72-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: W. Va. Code § 55-3A-3.

8. Tenant Protections

• Rights:
  • Cure violations (5–10 days for rent, 30 days for lease issues), defenses (retaliation, discrimination, limited habitability).
  • No self-help evictions (landlord penalties include damages or reinstatement).
• Resources:
  • Legal Aid of West Virginia (800-642-3617), legalaidwv.org, wvcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. County variations may apply.
• Sources: W. Va. Code § 55-3A-1 to § 55-3A-3, § 37-6-1 to § 37-6-30; wvcourts.gov; legalaidwv.org.

Eviction Process by State