West Virginia · Evictions · Updated Oct 2026

West Virginia eviction rules for tenants

The notices a landlord in West Virginia must give, how long you have to respond in court, why a lockout is illegal and where to get free legal help fast.

Short answer

No statewide pre-filing notice is required by the summary eviction statute.

Notice for unpaid rent
No notice required
Time to respond in court
The hearing is set 5 to 10 judicial days after the landlord files.
Lockouts
No specific statute

If you get an eviction notice

  1. Read it closely: the kind of notice, the amount, the dates and how it was delivered. Use the timeline below.
  2. Don't move out or stop paying because of a notice alone. Only a court can order an eviction; the notice is the first step.
  3. Get free legal help now. Legal aid and the court's self-help center can check whether the notice is valid.
  4. If you are served with court papers, respond by the deadline and go to every hearing. Missing one can mean losing by default.
  5. Keep copies of the notice, your lease, rent receipts, texts and photos.

Eviction in West Virginia

Notice for unpaid rent
No statewide pre-filing notice is required by the summary eviction statute. A landlord can file a petition for 'wrongful occupation' when rent is in arrears. Check your lease for any notice it promises.
Notice for a lease violation
No statewide cure notice. A landlord can file for breach of a lease covenant or for damage to the property.
Ending a month-to-month tenancy
Either side: notice for one full rental period before the end of a period (for month-to-month, one full month), unless the lease says otherwise. Year-to-year: 3 months before the end of the year. No notice is needed for a lease that ends on a fixed date. W. Va. Code 37-6-5.
Time to respond to an eviction lawsuit
The hearing is set 5 to 10 judicial days after the landlord files. The notice tells you that you may file and serve a written defense within 5 days after you receive it. If you don't appear or file any answer by the hearing, the court will order immediate possession to the landlord. A court form 'Answer: Wrongful Occupation of Residential Rental Property' is available. W. Va. Code 55-3A-1, 55-3A-3.
Lockouts and utility shutoffs
No specific lockout statute was found. The legal process for removing a tenant is a court order carried out by the sheriff (W. Va. Code 55-3A-3(f)). Get legal help if you are locked out or your utilities are cut off.
Court self-help
The court's eviction self-help page
Law
W. Va. Code 37-6-5, 55-3A-1 to 55-3A-3

Eviction notice timeline for West Virginia

Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.

This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.

Enter the date you got the noticeThe timeline appears when you pick a date.

Dates are estimates from the rule in our data. We skip weekends only where the rule counts business or court days, and we don't skip holidays.

Where to get free help in West Virginia

Retaliation in West Virginia

No retaliation statute was found. The eviction statute lists 'retaliatory eviction' as an issue that can be raised on appeal (W. Va. Code 55-3A-3(g)), and West Virginia courts recognize it as a defense. If you think an eviction is payback for a complaint, talk to legal aid quickly.

Rent increases and rent control in West Virginia

Notice of a rent increase
No statute. For a month-to-month tenancy, a landlord can change the rent by ending the tenancy with one month's notice.
Rent control
No statewide rent control. Ask your city whether any local rule applies.

Questions about eviction in West Virginia

How much notice does a landlord have to give for unpaid rent in West Virginia?

No statewide pre-filing notice is required by the summary eviction statute. A landlord can file a petition for 'wrongful occupation' when rent is in arrears. Check your lease for any notice it promises.

How much notice for a lease violation in West Virginia?

No statewide cure notice. A landlord can file for breach of a lease covenant or for damage to the property.

How much notice is needed to end a month-to-month lease in West Virginia?

Either side: notice for one full rental period before the end of a period (for month-to-month, one full month), unless the lease says otherwise. Year-to-year: 3 months before the end of the year. No notice is needed for a lease that ends on a fixed date. W. Va. Code 37-6-5.

How long do I have to respond to an eviction lawsuit in West Virginia?

The hearing is set 5 to 10 judicial days after the landlord files. The notice tells you that you may file and serve a written defense within 5 days after you receive it. If you don't appear or file any answer by the hearing, the court will order immediate possession to the landlord. A court form 'Answer: Wrongful Occupation of Residential Rental Property' is available. W. Va. Code 55-3A-1, 55-3A-3.

Can my landlord lock me out or shut off utilities in West Virginia?

No specific lockout statute was found. The legal process for removing a tenant is a court order carried out by the sheriff (W. Va. Code 55-3A-3(f)). Get legal help if you are locked out or your utilities are cut off.

More for West Virginia renters

Eviction in nearby states

Sources

Last checked: Oct 2026.