Last Updated : September 30, 2025 by Chris Bibey
In West Virginia, evictions follow a legal process that landlords must respect. If rent goes unpaid, a lease is broken, or someone refuses to leave after their agreement ends, there’s a lawful way to take back the property.
This guide walks through each step, based on how things actually work in the state’s court system. You'll also learn about alternative options that may save you time and money when court isn't the best path forward.
Here’s what you’ll need to do if you plan to remove a tenant legally.
Before anything else, provide the tenant with a written notice. In many cases, five days is considered enough time, but West Virginia doesn’t spell this out in one statewide rule. What’s considered reasonable often depends on the situation.
Deliver the notice in person, by certified mail, or by posting it on the door if the other methods don’t work. Keep a copy and note how you delivered it in case the court asks.
If you're unsure how to word the notice, it’s best to look at templates used by local landlords or consult with an attorney. Notices should clearly state what the issue is, how long the tenant has to respond, and what happens if they don't. Avoid vague language, and make sure dates are correct. A poorly written notice can lead to delays in court or a dismissal altogether.
Once the notice is delivered, give the tenant time to act. If they pay, fix the issue, or move out, you won’t need to go further.
But if nothing happens after the deadline passes, you can take the next step through the courts. Avoid changing locks or turning off utilities before the case is heard. West Virginia courts are strict about landlords using legal channels, and any attempt to force a tenant out without proper process can backfire.
During the waiting period, document everything. Keep records of communications, collect any returned mail, and continue tracking missed rent. These materials may prove helpful if the tenant contests the case.
When a tenant doesn’t leave or resolve the issue, file an Unlawful Detainer complaint. This is the eviction lawsuit in West Virginia. Head to the Magistrate Court in the county where the property is located.
Bring:
You’ll need to swear under oath that what you’ve claimed is accurate. Once filed, the court will schedule a hearing and issue a summons to notify the tenant.
Be sure to fill out the complaint form correctly. Courts will reject incomplete filings or those with errors. If you're not familiar with the local court's process, you can call ahead or check the magistrate's website. Some counties provide sample forms or even printable packets online.
The tenant must receive the summons and complaint ahead of the hearing. The court usually arranges for the sheriff or another officer to deliver the paperwork. In most cases, this is done in person, but alternative service is allowed if the tenant can’t be reached.
Documents can be:
If the tenant is served but doesn’t show up to court, you may still win by default. But if service is never completed or done incorrectly, the case could be dismissed.
To avoid mistakes, follow up with the court to confirm that service was completed. Keep a copy of any return of service paperwork in your records.
Show up on the court date with everything you need. This is your chance to explain why you want the tenant removed.
Bring:
The tenant might offer defenses, like claiming the rent was paid or the unit isn’t livable. They may also raise claims of retaliation if you issued the notice after a complaint or repair request. The magistrate will listen to both sides and then make a decision.
If you win, you’ll receive a court order that says the tenant must leave. The order is not enforceable until you take the next step and request a Writ of Possession.
If you lose, the case ends there. You’ll need to fix any issues the court identifies before trying again.
After a favorable ruling, ask the court to issue a Writ of Possession. This gives the sheriff legal authority to remove the tenant.
The sheriff will:
Be there with keys or a locksmith. Do not attempt to do this yourself. The court's order must be followed step by step, or the tenant could have grounds to delay or reverse the process.
The timing of the lockout depends on the sheriff’s schedule. Some counties move quickly, others take longer. Be patient and stay in communication with the sheriff’s office so you know what to expect.
Tenants sometimes leave stuff behind. West Virginia law doesn’t have strict rules for how long you must hold onto personal property, but it’s best to handle it with care.
Here’s a simple approach:
Some landlords choose to post a notice on the door or send a letter as a courtesy. This helps avoid claims that you threw away something valuable. Always store the items in a secure place, even if only for a few days.
Once that time passes, you can dispose of the items. Many landlords donate usable goods or haul everything to the dump. If something is clearly trash or damaged, you are not required to hold onto it.
Eviction isn’t always the fastest or easiest option. Sometimes a different approach solves the problem more efficiently.
If the tenant is short on cash but cooperative, try a payment plan.
Include:
Put it in writing. Keep track of what they pay and when. A simple agreement can go a long way. If they miss a deadline, you can still file for eviction, but now you’ll have even more evidence on your side.
Offer the tenant money to move out. It’s faster than going to court, and often cheaper.
To do it right:
Use a short agreement signed by both of you. If they move out early and leave the place clean, this can work well. Always document the agreement, even if it’s just a page or two.
Some areas have access to mediation services. A neutral third party helps resolve disputes and avoids court.
Agreements may include:
Legal Aid of West Virginia sometimes offers these services free of charge. Even if you think the tenant is in the wrong, mediation may help you save time, money, and stress.
Can I evict without a written lease?
Yes. Verbal agreements still count. You just need to give proper notice before going to court.
Is notice required when a lease ends?
Yes. You should give the tenant written notice to vacate, even after the lease runs out.
How long does the process usually take?
If the tenant doesn’t fight it, two to three weeks is common. Disputes can add time.
Can I change the locks without the court?
No. That’s considered illegal. Only the sheriff can carry out the lockout.
Are winter evictions allowed?
Yes. There are no seasonal limits on eviction in West Virginia.
What if the tenant files for bankruptcy?
You’ll need to pause the case and get permission from the bankruptcy court. An attorney can help with that.
What if the tenant damages the unit after getting notice?
You can document the damage and bring it to the court hearing. It may support your case.
Do I need an attorney for an eviction?
Not always. Magistrate Courts are designed for individuals to represent themselves. However, if the tenant hires a lawyer or the case is complex, it may help to get legal advice.
Evictions in West Virginia go through a clear legal process. As long as you follow the rules, keep records, and act in good faith, you’ll have a solid path to recover your property. You must never overlook the fact that renters have legal rights.
For repeat issues, look at how you screen tenants or consider using a manager. If managing the unit has become too stressful, selling it could be the right step forward.
or call us at 855-659-3289
Searching and Processing Address