West Virginia eviction notice and late fee rules

Notice for unpaid rent

Not found in the statutes we read

Ending a month-to-month tenancy

A year-to-year tenancy may be terminated by written notice at least three months before the end of any year; a periodic tenancy with a period of less than one year may be terminated by like notice or by notice for one full period before the end of any period.

Late-fee limit

No statutory cap found

Grace period before a late fee

None found in the statutes we read

What we could not verify for West Virginia: No official text found for: nonpayment_notice (no statutory pay-or-quit notice located for the W. Va. Code ch. 55 art. 3A summary procedure), nonpayment_cure, lease_violation_notice, just_cause, self_help_ban, retaliation (W. Va. Code § 55-3A-3(g) mentions 'retaliatory eviction' only in the appeal context; no standalone statute located), late_fee_cap, grace_period, late_fee_other.

Ending a month-to-month or other periodic tenancy

A year-to-year tenancy may be terminated by written notice at least three months before the end of any year; a periodic tenancy with a period of less than one year may be terminated by like notice or by notice for one full period before the end of any period.

“A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period.”
W. Va. Code § 37-6-5

The notice rule does not apply where a special agreement fixes another notice period or provides for no notice, and no notice is needed for a tenancy ending at a certain time.

“This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.”
W. Va. Code § 37-6-5

What the notice must say and how it is delivered

A termination notice to the tenant may be served on the tenant or on anyone holding the leased premises, or any part, under the tenant.

“When such notice is to the tenant, it may be served upon him or upon anyone holding under him the leased premises, or any part thereof.”
W. Va. Code § 37-6-5

Court deadlines and the eviction case

A landlord may petition magistrate or circuit court for summary relief alleging the tenant is wrongfully occupying the property because of rent arrears, breach of a warranty or leasehold covenant, or deliberate or negligent damage to the property.

“That the tenant is wrongfully occupying the property in that 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 knowingly permitted another person to do so, and describing the arrearage, breach, or act or omission; and”
W. Va. Code § 55-3A-1(a)(3)

On filing of the petition the court schedules a hearing not less than five nor more than 10 judicial days after filing.

“Upon filing the petition, the court shall schedule a hearing, which may not be less than five nor more than 10 judicial days following the filing of the petition.”
W. Va. Code § 55-3A-1(b)

The hearing notice is served under Civil Procedure Rule 4 or by certified mail, return receipt requested, and must tell the tenant that a written defense may be filed and served within five days of the tenant's receipt of the notice.

“Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the hearing to be served upon the tenant in accordance with the provisions of Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. The notice shall inform the tenant that any written defense to the petition may be filed and served upon the petitioner within five days of the receipt by the tenant of the notice.”
W. Va. Code § 55-3A-1(c)

If the tenant has filed no appearance, answer, or other responsive pleading by the hearing, the court must enter an order granting the landlord immediate possession.

“If at the time of the hearing there has been no appearance, answer or other responsive pleading filed by the tenant, the court shall make and enter an order granting immediate possession of the property to the landlord.”
W. Va. Code § 55-3A-3(a)

A tenant granted a continuance must pay into court any periodic rent coming due during the continuance.

“If a continuance is granted upon request by a tenant, the tenant shall be required to pay into court any periodic rent becoming due during the period of such continuance.”
W. Va. Code § 55-3A-3(d)

In a summary proceeding the tenant may assert any defense that could be raised in an ejectment or unlawful detainer action.

“In a proceeding under the provisions of this article, a tenant against whom a petition has been brought may assert any and all defenses which might be raised in an action for ejectment or an action for unlawful detainer.”
W. Va. Code § 55-3A-2

The possession order must provide that if the tenant keeps occupying the property past the time set, the sheriff will remove the tenant, taking precautions against damage to the landlord's and tenant's property.

“The order shall further provide that if the tenant continues to wrongfully occupy the property beyond such time, the sheriff shall forthwith remove the tenant, taking precautions to guard against damage to the property of the landlord and the tenant.”
W. Va. Code § 55-3A-3(f)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the West Virginia rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice is needed to end a month-to-month tenancy in West Virginia?

A year-to-year tenancy may be terminated by written notice at least three months before the end of any year; a periodic tenancy with a period of less than one year may be terminated by like notice or by notice for one full period before the end of any period. (W. Va. Code § 37-6-5).