Eviction Laws in West Virginia
Non-payment of rent eviction in West Virginia
When a tenant falls behind on rent in West Virginia, the landlord must first serve a 0-day pay-or-quit notice. This gives the tenant 0 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in West Virginia court.
A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.
Lease violation eviction in West Virginia
For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 30 days notice. West Virginia provides no statutory cure period for lease violations — the tenant may be required to vacate without the opportunity to fix the issue, depending on the nature of the violation.
Terminating month-to-month tenancy in West Virginia
To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant must give the same 30-day notice to end the tenancy.
Important West Virginia eviction details
West Virginia: No statutory pre-filing notice required for non-payment — landlord may file unlawful detainer (§ 55-3A-3) immediately after rent is past due. 30-day notice for lease violations with no statutory cure period (§ 37-6-5). Month-to-month terminated with 1 month's notice.
What counts as an illegal eviction in West Virginia?
In West Virginia, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:
- Changing the locks without a court order
- Removing doors, windows, or the tenant's belongings
- Shutting off utilities (electricity, water, heat)
- Harassment designed to pressure the tenant to leave
Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.