Eviction notice rules in West Virginia
Nonpayment notice
NO pre-suit notice is required by statute for nonpayment — the landlord may file the eviction (wrongful-occupation) action immediately when rent is unpaid (W. Va. Code § 55-3A-1).
Lease-violation notice
NO pre-suit notice required by statute for lease violations either. A written notice is recommended as a practical matter but not legally required.
Unconditional quit (no second chance)
No statutory cure-notice or cure-right framework at all — every for-cause eviction is effectively unconditional pre-filing; there is no pay-to-stay right after filing, only negotiation with the landlord.
No-cause / end-of-tenancy notice
Periodic tenancy: one FULL rental period's notice before the end of a period (e.g., notice given mid-June ends a month-to-month tenancy July 31); year-to-year: 3 months' written notice (W. Va. Code § 37-6-5). No notice needed where the lease term simply ends at a stated date.
How the notice must be served
Unverified — needs attorney review (petition served per court rules; WVU guidance notes notice may be served on the tenant or anyone holding the premises under the tenant per § 37-6-5).
Your right to fix it (cure)
None by statute — no legal right to cure a violation or pay to stop the case after filing.
How days are counted
N/A for cause (no notice period); the eviction hearing is set 5-10 JUDICIAL days after the landlord requests it (W. Va. Code § 55-3A-1).
After the notice expires
Landlord must file eviction lawsuit; tenant need not leave until court order
Court timeline
Landlord files a Petition for Summary Relief for wrongful occupation in magistrate or circuit court; hearing set 5-10 judicial days after request (§ 55-3A-1). If the landlord prevails, a writ of possession issues and the sheriff removes the tenant. This is one of the fastest eviction tracks in the region.
Retaliation & defenses
West Virginia has no general statutory anti-retaliation protection for tenants (<em>reported — confirm with a licensed attorney</em>). Federal Fair Housing Act discrimination defense applies. Defective service and payment are the main practical defenses.
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