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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 · 2026Official source linkedFree PDF · no signup · nothing uploaded

Maintained by the SealForms editorial team · 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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Notice to Pay or Quit / Vacate

State of West Virginia

Date: __________. To: __________ ("Tenant"), and all occupants of __________ (the "Premises").

You are hereby notified that you are in violation of your tenancy for the following reason: __________ . Amount due, if applicable: $______.

You are required, within ____ days as required by West Virginia law, on or before__________, to cure the violation (or pay the amount due) OR to vacate and surrender the Premises. If you fail to do so, the landlord may begin eviction proceedings in court.

This notice is given under the landlord-tenant laws of the State of West Virginia. Nothing here waives the landlord’s rights.

Landlord signature / date

Generated with SealFormsReflects West Virginia law · verified 2026

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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.

    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.

    Is an eviction notice the same as eviction?

    No. The notice is the required first step — it gives the tenant a chance to pay, fix the problem, or move out by a deadline. If they don’t, you then file an eviction (unlawful detainer) case in court. You cannot lock out or remove a tenant yourself; only a court and law enforcement can carry out an eviction.

    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).

    Eviction notice in other states

    More West Virginia legal forms

    Different state? See eviction notices by state →