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.