The West Virginia eviction notice forms are not necessary to inform a tenant of an eviction because of a lease violation. However, for the sake of trying to avoid dealing with court filings, it may be beneficial, depending on the situation, to tell the tenant that you intend on moving forward with eviction if they don’t move out. In any case, you don’t need to provide notice and can proceed directly to the Local Magistrate Court to file an eviction case called “Unlawful Occupation” or “Wrongful Occupation”. The court will schedule a hearing no more than ten (10) days from the date of filing. If the landlord prevails, tenant will have to vacate the property.
Notices By State
Immediate Notice to Quit (Non-Payment/Non-Compliance/Illegal Activity) – The West Virginia State Statutes do not have any laws written to give notice to the tenant for any type of lease violation (according to § 55-3A-1). Therefore, if this form is distributed it is the landlord informing the tenant of their situation before a petition is filed against them.
30-Day Notice to Quit (Month to Month Tenancy) – This form may be used to inform a party to a month-to-month tenancy that the other party does not intend to renew the tenancy.
When is Rent Due
In West Virginia, tenant must pay rent on the date it is due and since there is no notice requirement, landlord may go straight to court to have the tenant evicted without notifying tenant. Tenant can pay to stay, but it would include all back rent plus any costs and fees associated with the eviction process.
How to Evict (Process)
Step 1 – In West Virginia, a landlord does not need to provide notice to tenant if they are in default of the lease, wither through non-payment of rent or some other breach. Landlord can go straight to court and file an eviction proceeding. However, depending on the situation, it may behoove the landlord to let the tenant know there is a problem and give them a chance to rectify it assuming you’re ok with the tenant remaining if they rectify the situation.
Step 2 – Landlord may proceed to the Magistrate Court with Jurisdiction in the Area in Which the Rental Property is Located and file a Complaint, also known as a Petition for Summary Relief – Wrongful Occupation. The tenant will have to file an Answer by the time of the court hearing which will be no more than ten days from the filing.
Step 3 – If the landlord prevails, the court will set a date for when the tenant myst vacate from the property. If the tenant still does not move out, the landlord may ask for a Writ of Possession from the court, which authorizes the sheriff to make sure tenant leaves the property.