West Virginia Eviction Law at a Glance
State Statute
W. Va. Code §55-3A-1 — West Virginia Wrongful Occupation of Residential Rental Property Act
Notice Periods
- Nonpayment: Immediate Filing (No Notice Required for Nonpayment After Due Date)
- Lease violation: Immediate Filing (No Mandatory Notice for Lease Violation)
- Unconditional: Immediate Filing
- End of tenancy: 30-Day Notice to Vacate (Month-to-Month)
Available Defenses
- Habitability (W. Va. Code §37-6-30)
- Retaliation (W. Va. Code §37-6-23)
- Procedural defects
- Discrimination (Fair Housing Act)
Right to Cure
NO — West Virginia does not require a mandatory notice or cure period — landlord can file immediately for nonpayment
Self-Help Eviction
PROHIBITED — Landlord must use court process (W. Va. Code §55-3A-3)
Court & Filing
Magistrate Court
Landlord must file wrongful occupation complaint in magistrate court
Complaints: West Virginia Attorney General Consumer Protection Division
Additional Protections
- West Virginia allows immediate filing without prior notice for many eviction grounds
- Self-help eviction prohibited — landlord must use court process
- Retaliatory eviction prohibited despite minimal notice requirements
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West Virginia Eviction Response FAQ
How many days do I have to respond to an eviction notice in West Virginia?
In West Virginia, the response deadline depends on the type of eviction notice: Nonpayment: Immediate Filing (No Notice Required for Nonpayment After Due Date); Lease violation: Immediate Filing (No Mandatory Notice for Lease Violation); Unconditional: Immediate Filing; End of tenancy: 30-Day Notice to Vacate (Month-to-Month). Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in West Virginia?
Available defenses in West Virginia include: Habitability (W. Va. Code §37-6-30), Retaliation (W. Va. Code §37-6-23), Procedural defects, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does West Virginia require landlords to give tenants a right to cure?
No. West Virginia does not require a mandatory notice or cure period — landlord can file immediately for nonpayment
Can my landlord evict me without going to court in West Virginia?
No. Under W. Va. Code §55-3A-3, self-help eviction is prohibited in West Virginia. Your landlord must file in Magistrate Court and obtain a judgment.
What should I include in an eviction response letter in West Virginia?
Your letter should: (1) identify the notice by date and type, (2) cite W. Va. Code §55-3A-1, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in West Virginia?
File complaints with the West Virginia Attorney General Consumer Protection Division and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
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