West Virginia Eviction Notice
Create a free West Virginia eviction notice with the state's required notice periods built in. Pick the notice type, fill in the details, and download a PDF.
West Virginia notice periods
Nonpayment: -1 days · Lease violation (cure): n/a · No-cause termination: 30 days.
Tenant Name(s)
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⚠ West Virginia does not set a standard statutory period for this notice — confirm the requirement before serving. West Virginia has NO statutory pay-rent-or-quit notice. A landlord may file a verified petition for wrongful occupation in magistrate or circuit court immediately once rent is in arrears, with no advance written demand required (W. Va. Code § 55-3A-1; the grounds expressly include the tenant being 'in arrears in the payment of rent'). Best practice is still to send a courtesy demand, and many leases contractually require one. -1 signals no statutory number; if the generator needs a default demand period, a common contractual choice is a short 3-5 day demand, but that is NOT statutorily mandated.
Notice to Pay Rent or Quit (West Virginia)
NOTICE TO PAY RENT OR QUIT
Date of Notice: ________________
From (Landlord/Agent): [LANDLORD/AGENT NAME], [LANDLORD ADDRESS]
To: [TENANT NAME(S)], Tenant(s) in possession of: [PROPERTY ADDRESS]
YOU ARE HEREBY NOTIFIED that rent is now due and unpaid in the amount of $________. This amount is for unpaid RENT only and excludes late fees, utilities, and other charges unless your state and lease allow them.
You are required to PAY the full amount of rent due within the time required by law, OR to vacate and surrender possession of the property. Payment must be made to [LANDLORD/AGENT NAME] at [LANDLORD ADDRESS], by cash, check, or money order. If you mail payment, it must be RECEIVED by the deadline.
If you do not comply with this notice within the time stated, the landlord may begin legal proceedings to recover possession of the property under W. Va. Code §§ 55-3A-1 to -3 (Wrongful Occupation of Residential Rental Property); W. Va. Code § 37-6-5 (Notice to Terminate Tenancy).
Only a court can order you to move out. The landlord may NOT lock you out, remove your belongings, or shut off your utilities; doing so is illegal.
This notice is given without waiving, and the landlord expressly reserves, all other rights and remedies, including the right to recover unpaid rent and damages.
How this notice may be served: For a no-cause termination under § 37-6-5, the notice must be in WRITING and may be served on the tenant or on anyone holding under the tenant. West Virginia does NOT require a pre-filing notice/demand for nonpayment, lease breach, or property damage. Service of the court process for the wrongful-occupation petition is governed by § 55-3A-1: personal service under W. Va. R. Civ. P. 4, OR by certified mail (return receipt requested); the court-issued notice advises the tenant that a written defense may be filed within five days of receipt of the notice.
_______________________________________
[LANDLORD/AGENT NAME] — Landlord / Authorized Agent
[LANDLORD ADDRESS]
Date: ________________
PROOF OF SERVICE
I served this notice on the tenant(s) on ____________ (date).
Method of service (use a method permitted in your state — see the service note above):
_______________________________________________________________________
_______________________________________ Date: ____________
Signature of person serving the notice
Email yourself a copy (PDF)
Self-help template, not legal advice. Notice periods, wording, and service rules vary by state and city. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court.
West Virginia Eviction Notice Requirements
In West Virginia, a landlord must serve a written notice before filing for eviction under W. Va. Code §§ 55-3A-1 to -3 (Wrongful Occupation of Residential Rental Property); W. Va. Code § 37-6-5 (Notice to Terminate Tenancy). The required notice period depends on the reason:
- Nonpayment of rent: -1-day notice to pay or quit. West Virginia has NO statutory pay-rent-or-quit notice. A landlord may file a verified petition for wrongful occupation in magistrate or circuit court immediately once rent is in arrears, with no advance written demand required (W. Va. Code § 55-3A-1; the grounds expressly include the tenant being 'in arrears in the payment of rent'). Best practice is still to send a courtesy demand, and many leases contractually require one. -1 signals no statutory number; if the generator needs a default demand period, a common contractual choice is a short 3-5 day demand, but that is NOT statutorily mandated.
- Curable lease violation: not separately specified. West Virginia recognizes NO statutory cure-or-quit notice period. § 55-3A-1 lets a landlord petition the court directly for breach of a 'warranty or a leasehold covenant' without first giving the tenant a chance to cure. Any cure right must come from the lease itself. -1 reflects the absence of a statutory period.
- No-cause termination (month-to-month): 30-day notice. To end a no-fault periodic (e.g., month-to-month) tenancy, § 37-6-5 requires written notice for 'one full period before the end of any period' — i.e., one full rental period aligned to the rent cycle, NOT a flat 30 days. A generic '30 day notice' will satisfy the statute only if it runs a full rental period and ends at the close of a period. For a year-to-year tenancy the notice is 'at least three months' prior to the end of the year. Day count set to 30 as the practical default for a monthly tenancy, but the document should frame it as 'one full rental period' ending the day before the next period begins. A lease may set a different period.
Service: For a no-cause termination under § 37-6-5, the notice must be in WRITING and may be served on the tenant or on anyone holding under the tenant. West Virginia does NOT require a pre-filing notice/demand for nonpayment, lease breach, or property damage. Service of the court process for the wrongful-occupation petition is governed by § 55-3A-1: personal service under W. Va. R. Civ. P. 4, OR by certified mail (return receipt requested); the court-issued notice advises the tenant that a written defense may be filed within five days of receipt of the notice.
- West Virginia is one of the rare states with NO statutory pre-filing notice for nonpayment of rent, lease breach, or property damage. A landlord files a verified 'wrongful occupation' petition directly in magistrate (or circuit) court under W. Va. Code § 55-3A-1.
- The grounds in § 55-3A-1 are: the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property (or permitted another to do so).
- After the petition is filed, the court sets a hearing not less than 5 nor more than 10 judicial days out (§ 55-3A-1); the tenant may file a written defense within five days of receiving the court notice.
- The ONLY statutory pre-termination notice period is for ending a no-cause tenancy under § 37-6-5: 'one full period before the end of any period' for a month-to-month (commonly ~30 days, but tied to the rent cycle, not a flat 30), and 'at least three months' for a year-to-year tenancy; written notice required.
- There is no statewide just-cause requirement, no rent control, and no separate cure-or-quit or unconditional-quit statute; cure rights, if any, come from the lease.
West Virginia Eviction Notices by Type
Frequently Asked Questions
How many days notice to evict for nonpayment in West Virginia?
West Virginia requires a -1-day notice to pay rent or quit before a landlord can file for eviction. West Virginia has NO statutory pay-rent-or-quit notice. A landlord may file a verified petition for wrongful occupation in magistrate or circuit court immediately once rent is in arrears, with no advance written demand required (W. Va. Code § 55-3A-1; the grounds expressly include the tenant being 'in arrears in the payment of rent'). Best practice is still to send a courtesy demand, and many leases contractually require one. -1 signals no statutory number; if the generator needs a default demand period, a common contractual choice is a short 3-5 day demand, but that is NOT statutorily mandated.
Can a landlord evict without notice in West Virginia?
No. A written notice is required before filing, and only a court can order a tenant removed. Self-help lockouts are illegal.
Does West Virginia require just cause to evict?
West Virginia does not have a statewide just-cause requirement, though some cities may. A month-to-month tenancy can generally be ended with a 30-day notice.
Disclaimer
This West Virginia eviction notice generator is a self-help tool for general informational purposes only and is not legal advice. Confirm West Virginia and local requirements before serving, and consult a landlord-tenant attorney for contested cases.