LegalCals

West Virginia Eviction Rules

Official notice periods, filing timelines, and legal citations for this state.

Notice Requirements

Nonpayment of Rent
No notice required; landlord may file immediately.
Lease Violation
No notice required; landlord may file immediately.
When can the landlord file?
Landlord may file a wrongful occupation or unlawful detainer action immediately.
Tenant answer deadline
5
Hearing timeline
Typically within 10 days after filing for wrongful occupation.
Lockout / physical eviction
Only the sheriff may evict the tenant after a court judgment.

Eviction Process Timeline

  1. Notice Period (Nonpayment)

    No notice required; landlord may file immediately.

  2. Notice Period (Lease Violation)

    No notice required; landlord may file immediately.

  3. Landlord Can File

    Landlord may file a wrongful occupation or unlawful detainer action immediately.

  4. Tenant Answer Deadline

    5

  5. Hearing Timeline

    Typically within 10 days after filing for wrongful occupation.

  6. Lockout / Physical Eviction

    Only the sheriff may evict the tenant after a court judgment.

Legal Citations

  • W. Va. Code § 55-3A-1