West Virginia Notice to Pay Rent or Quit
Create a free West Virginia notice to pay rent or quit. West Virginia does not set a standard statutory period for this notice — confirm the requirement before serving. Fill in the details, preview it live, and download a PDF or email it.
West Virginia requirement
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.
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. You cannot remove a tenant yourself — serve a proper notice and, if needed, file in court. Confirm West Virginia and local rules first.
West Virginia Notice to Pay Rent or Quit Rules
A Notice to Pay Rent or Quit is the first step a landlord takes when a tenant has not paid rent. It demands that the tenant pay the full amount owed within the state's required number of days or move out, before the landlord can file for eviction.
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. The notice is served 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).
How to Serve a Notice to Pay Rent or Quit in West Virginia
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. A defective notice or improper service can get an eviction dismissed.
Frequently Asked Questions
How many days is a West Virginia notice to pay rent or quit?
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.
What happens after I serve the notice?
If the tenant does not comply by the deadline, you can file an eviction case in West Virginia court. Only a court order, enforced by a sheriff or constable, can remove the tenant.
Can I email or download the notice?
Yes — fill in the form above, then download the PDF or email a copy to yourself. Serve it on the tenant using a method West Virginia allows.
Disclaimer
This West Virginia notice to pay rent or quit generator is a self-help tool for general informational purposes only and is not legal advice. Confirm West Virginia and local requirements before serving.
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