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Eviction Notice Requirements in West Virginia

West Virginia's summary eviction statute does not require a pre-filing notice for unpaid rent or lease violations, while a month-to-month tenancy may be ended with written notice for one full rental period.

Last checked . General information, not legal advice.

West Virginia at a glance

Notice for unpaid rent
No fixed period
No statutory pre-filing notice required; landlord may petition for summary eviction when the tenant is in arrears
Notice for a lease violation
No fixed period
No statutory pre-filing notice required for breach of a lease covenant or damage to the property
Ending a month-to-month tenancy
30 days
Notice for one full rental period (one month for a monthly tenancy), unless the lease sets another period

The rules in West Virginia

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

West Virginia rule: No statutory pre-filing notice required; landlord may petition for summary eviction when the tenant is in arrears.

How much notice is required to evict for a lease violation in West Virginia?

West Virginia rule: No statutory pre-filing notice required for breach of a lease covenant or damage to the property.

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

West Virginia rule: Notice for one full rental period (one month for a monthly tenancy), unless the lease sets another period.

Where do the West Virginia rules for eviction notices come from?

They come from W. Va. Code 55-3A-1 and W. Va. Code 37-6-5. We last checked them in October 2026. Laws change, so check the current statute before you rely on it.

What this means in practice

A notice is usually the first step, not the eviction itself. A landlord generally needs a court order before a tenant can be removed, and changing the locks or cutting utilities to force a tenant out is not allowed in most states.

Serve the notice the way state law requires, keep a copy and proof of delivery, and count the days carefully: some states skip weekends and holidays.

Tenants who receive a notice can often stop the process by paying or fixing the problem within the notice period. Local legal aid offices can explain the options.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.