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West Virginia, United States

West Virginia Eviction Notice

Create a proper West Virginia eviction notice — pay-or-quit, cure-or-quit, or termination — and download a print-ready PDF. Free, no signup. The preview updates as you type.

Reflects current West Virginia rules · 2026 Official source linked Free PDF · no signup · nothing uploaded

Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.

What happens after the notice in West Virginia

If the tenant does not comply, the eviction moves to court. These are West Virginia’s own rules for that step, from the judiciary and the statute.

Each point links to the West Virginia source it was taken from. Rules change; confirm before relying on them.

West Virginia notice periods · as of 2026

Non-payment of rent
No fixed statutory notice
Lease violation (cure)
Often unconditional
End month-to-month
30 days

Source: W. Va. Code § 37-6-5; § 55-3A-1 (no statutory notice for nonpayment) · verify ↗. Using the wrong number can void the notice — confirm the current rule before you serve it.

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Types of eviction notice

  • Pay or quit — for unpaid rent: pay by the deadline or move out.
  • Cure or quit — for a lease violation: fix it by the deadline or move out.
  • Unconditional / termination — to end a month-to-month tenancy or for serious violations.

West Virginia notice period & service

The number of days and how you must deliver the notice are set by West Virginia law — get both right, keep proof of service, and never lock out or remove a tenant yourself. Check the current West Virginia eviction rules before serving.

If the tenant moves out still owing rent, the notice won’t collect it. Put the amount and a deadline in writing with a West Virginia demand letter for payment; if it’s ignored, you can file in West Virginia small claims court, where the limit is $20,000.

Frequently asked questions

How many days notice do I have to give in West Virginia?

West Virginia does not require a fixed pre-filing notice period for non-payment in the usual case (as of 2026) — the rules are set by W. Va. Code § 37-6-5; § 55-3A-1 (no statutory notice for nonpayment). Confirm your situation, since just-cause and local rules can apply, before serving anything.

How do I serve the notice in West Virginia?

States set rules for delivery — often personal delivery, leaving it with an adult at the home, and/or mailing a copy. Keep proof of how and when you served it. Improper service is a common reason eviction cases get dismissed, so follow West Virginia’s method carefully.

Do I need a lawyer?

Not always for the notice itself, but eviction is technical and a small mistake can restart the clock. For contested cases, commercial properties, or if the tenant has an attorney, it’s worth consulting a landlord-tenant lawyer in West Virginia.

Where does a landlord file an eviction case in West Virginia?

If the tenant does not comply with the notice, the landlord files in the Magistrate Court (or Circuit Court) of the county where the property is located (the case is called a(n) wrongful occupation of residential rental property (petition for summary relief) action). Source: W. Va. Code § 55-3A-1(a) (2025).

How must an eviction notice be served in West Virginia?

Notice of hearing served on tenant per W. Va. R. Civ. P. Rule 4 or by certified mail, return receipt requested; petitioner files proof of service. Source: W. Va. Code § 55-3A-1(c) (2025).

What does it cost to file an eviction in West Virginia?

Magistrate court civil filing cost is $50 for non-monetary relief (possession), or $50–$70 scaled by money damages claimed, plus service fees (statewide schedule) Source: WV Judiciary form SCA-MI-400, Information Sheet: Civil Case Plaintiff (2026).

How does West Virginia compare? See the notice periods in all 50 states, every figure cited to statute. Not sure which notice applies? Try the 2-question wizard.

How West Virginia compares

Computed from our 51-jurisdiction dataset (as of 2026). Source for West Virginia: W. Va. Code § 37-6-5; § 55-3A-1 (no statutory notice for nonpayment) ↗.

Notice to pay rent or quit

West Virginia has no fixed statutory pay-or-quit period — the lease terms and court rules control, so state the deadline explicitly in the notice.

Notice to pay rent or quit in neighboring states — Kentucky (7 days), Maryland (10 days), Ohio (3 days), Pennsylvania (10 days), Virginia (14 days).

Notice to cure a lease violation

West Virginia sets no statutory cure period for lease violations; check the lease and local court rules before serving.

Notice to cure a lease violation in neighboring states — Kentucky (14 days), Maryland (30 days), Ohio (30 days), Pennsylvania (no statutory rule), Virginia (21 days).

Notice to end a month-to-month tenancy

Notice to end a month-to-month tenancy: 30 days, exactly the national median.

This is the most common figure nationally — shared by 36 other states.

Notice to end a month-to-month tenancy in neighboring states — Kentucky (30 days), Maryland (60 days), Ohio (30 days), Pennsylvania (15 days), Virginia (30 days).

The rest of what West Virginia requires

The figures below are West Virginia's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full West Virginia page for that document.

Security deposit cap · as of 2026
No statutory limit W. Va. Code §37-6A-1 ↗
Deposit return deadline · as of 2026
60 days after move-out W. Va. Code §37-6A-1 ↗
Notice to end a month-to-month tenancy · as of 2026
30 days W. Va. Code §37-6A-1 ↗
Small claims limit · as of 2026
$20,000 W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
Where you file · as of 2026
Magistrate Court · filing fee $30-$50 by claim size under W. Va. Code § 50-3-1: $30 for claims of $500 or less (and non-monetary relief), $35 up to $1,000, $40 up to $2,000, $50 over $2,000. W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
Rental application fee · as of July 2026
No statutory limit West Virginia Code ↗
Bill of sale notarization · as of 2026
Required to transfer a vehicle title West Virginia DMV (Form DMV-7-TR) ↗
Power of attorney signing · as of 2026
Notarization required W. Va. Code §39B-1-105 (form §39B-3-101) ↗
LLC operating agreement · as of 2026
Not required by statute, but it controls over the default rules W. Va. Code § 31B-1-103 ↗
Recording a deed · as of 2026
Clerk of the County Commission (the 'County Clerk'), W. Va. Code § 39-1-2 · no witnesses W. Va. Code § 39-1-2 ↗

Eviction notice in other states

More West Virginia legal forms

Different state? See eviction notices by state →