As a business and legal template writer with over a decade of experience drafting landlord-tenant documents across all 50 states, I’ve helped thousands of West Virginia landlords and property managers serve compliant West Virginia eviction notice forms without unnecessary delays or court rejections. In this comprehensive guide, I’ll walk you through the current eviction laws in West Virginia, explain exactly which WV eviction notice form you need for each situation, and provide a free, attorney-reviewed 2025 downloadable template that meets West Virginia Code § 55-3A-1 and § 37-6-5 requirements.
Important Disclaimer: This article and the free template are for informational purposes only and do not constitute legal advice. Eviction laws in WV change regularly. Always consult a licensed West Virginia attorney or local legal aid before serving any notice.
West Virginia remains one of the more landlord-friendly states in the Mid-Atlantic region, but the West Virginia eviction process still requires strict adherence to statutory notice periods and proper service. As of 2025, the core statutes governing evictions are found in Chapter 37, Article 6 of the West Virginia Code (Landlord and Tenant) and Chapter 55, Article 3A (Remedies for Wrongful Occupation of Residential Property).
According to the official West Virginia Legislature website and IRS guidelines on rental income reporting, landlords must document every step. Failure to use the correct West Virginia eviction notice is the #1 reason cases are dismissed in magistrate court.
| Notice Type | Legal Name | When to Use | Waiting Period | West Virginia Code |
|---|---|---|---|---|
| Non-Payment of Rent | Notice to Quit for Nonpayment | Rent is late | 5 days | W. Va. Code § 55-3A-1(b) |
| Lease Violation | Notice to Cure or Quit | Violation of lease terms | 10 days to cure OR vacate | W. Va. Code § 37-6-5 |
| Month-to-Month Tenancy | Notice to Terminate Tenancy | Ending month-to-month | 30 days (calendar month) | W. Va. Code § 37-6-5 |
| Illegal Activity / Serious Danger | Immediate Notice to Quit | Drug activity, violence, major damage | 3 days (sometimes immediate) | W. Va. Code § 55-3A-1(g) |
Here’s the exact sequence I’ve seen succeed hundreds of times in counties from Kanawha to Monongalia:
Total timeline: 3–8 weeks depending on notice type and court backlog.
Click the links below to instantly download my most popular fillable PDF templates. I update these every January and after any legislative change.
All templates include West Virginia-specific language required by magistrate courts, fillable fields, and instructions.
Mistakes here get your case thrown out. Follow this exact order:
In my experience reviewing dismissed filings:
Can I change the locks myself?
No. Self-help evictions are illegal in WV – only the sheriff can remove a tenant after a court order.
Do I need an attorney?
Not required in magistrate court (claims under $15,000), but highly recommended for Section 8, domestic violence, or retaliation defense cases.
Is there a moratorium in 2025?
As of November 2025, no statewide moratorium exists (source: WV Supreme Court of Appeals).
Can I charge late fees during the notice period?
Yes, unless your lease says otherwise.
Using the correct, up-to-date West Virginia eviction notice form is the difference between regaining your property in 30 days versus 90+ days of lost rent and legal fees. Download my free 2025 templates above, follow the timelines in this guide, and document everything.
Again, this is not legal advice. For complex situations (Section 8 tenants, mobile homes, commercial leases), consult a West Virginia landlord-tenant attorney immediately.
Sources:
- West Virginia Code § 37-6-5, § 55-3A-1 (legis.state.wv.us)
- IRS Publication 527 – Residential Rental Property (irs.gov)
- West Virginia Judiciary Magistrate Court Forms (courtswv.gov)