West Virginia Eviction Notice
A West Virginia eviction notice is a legal document used by landlords to inform tenants of a lease violation and initiate the eviction process. Although West Virginia law does not require landlords to provide notice before filing for eviction, issuing one is recommended to maintain good landlord-tenant relationships.
West Virginia Eviction Notice
Types of West Virginia Eviction Notice Forms
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Notice To Quit for Unpaid Rent
- Grounds: Nonpayment of rent.
- Curable?: No grace period; eviction can begin the day after rent is due.
- Legal Reference: W. Va. Code § 37-6-5.
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Notice To Comply or Vacate
- Grounds: Lease violations (e.g., property damage, health and safety issues).
- Curable?: Yes, tenants may have an opportunity to correct the violation.
-
Immediate Notice To Vacate
- Grounds: Negligent or deliberate property damage or illegal activity.
- Curable?: No, tenants must vacate immediately.
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30 Day Notice To Vacate
- Grounds: Termination of month-to-month lease, expired lease, or no written lease.
- Curable?: No, must provide at least 30 days’ notice.
How to Write an Eviction Notice in West Virginia
To ensure legal compliance, an eviction notice should include:
- Tenant’s full name and address.
- Specific lease violation or balance due.
- Date of termination.
- Landlord’s printed name, signature, and address of record.
- Date and method of notice delivery, along with printed name and signature.
How to Calculate Expiration Date in West Virginia
The notice period begins the day after the notice is delivered. For a 30-day notice to be effective by June 30, it must be delivered by May 31. If the last day falls on a weekend or holiday, the period extends to the next judicial day.
How to Serve an Eviction Notice in West Virginia
Landlords may serve eviction notices using the following methods:
- Hand delivery to the tenant.
- Hand delivery to a family member of the tenant (at least 16 years old) who can understand the notice.
- Posting the notice in a conspicuous place if the premises are vacant.
Eviction Laws & Requirements
- Eviction Lawsuit: Governed by Chapter 55, Article 3A of the West Virginia Code.
- Grace Period for Rent Payment: None; landlords can file for eviction immediately after rent is due.
- Notice of Non-Compliance: Not required; landlords can proceed directly to court.
- Lease Termination:
- Month-to-month: 30 days’ notice.
- Yearly tenancy: 90 days’ notice.
Eviction Process in West Virginia
- Notify Tenant About Breach: Although not legally required, it is recommended to notify the tenant of the breach and provide an opportunity to rectify the issue.
- File Complaint in Court: Landlords may file a complaint in the local Magistrate Court, which will schedule a hearing within ten days.
- Obtain Writ of Possession: If the court rules in favor of the landlord, they may obtain a Writ of Possession to remove the tenant if they do not vacate by the set date.
Important Considerations
- Landlords must never forcibly evict tenants without following the formal eviction process.
- If a tenant does not comply with the eviction notice, landlords can file an eviction lawsuit, known as an Unlawful Detainer Action.
- It is advisable for landlords to consult with a lawyer to navigate the eviction process and ensure compliance with local laws.
Statutes
- W.Va. Code § 37-6A-1(14) – Security Deposit
- W.Va. Code § 37-6A-1(7) – Deadline for Returning Security Deposit
- W.Va. Code § 37-6A-2(a) – Requirement for Written Description/Itemized List of Damages and Charges
- W.Va. Code § 37-6A-2(b) – Permitted Uses of the Security Deposit
- W.Va. Code § 37-6A-2(c) – Extension of Security Deposit Return Deadline for Repairs
- W.Va. Code § 37-6A-3 – Record Keeping of Deposit Withholdings
- W.Va. Code § 37-6A-5 – Penalties for Failure to Comply with Security Deposit Return
- W.Va. Code § 37-6-7 – Reletting by landlord
- W.Va. Code § 37-6-8 – Tenant’s right to recover possession
- W.Va. Code § 37-6-5 – Notice to terminate tenancy
- W.Va. Code § 55-3A-1 – Petition for summary relief for wrongful occupation of residential rental property
- W.Va. Code § 37-6-30 – Landlord to deliver premises; duty to maintain premises in fit and habitable condition
- W.Va. Code § 37-6-6(c) – Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice
- W.Va. Code § 50-2-1 – Civil jurisdiction
- W.Va. Code § 55-2-6 – Actions to recover on award or contract other than judgment or recognizance
FAQs
A West Virginia eviction notice is a legal document used by landlords to inform tenants of a lease violation or intent to terminate the tenancy. It should be used when a tenant fails to pay rent, violates lease terms, causes property damage, or engages in illegal activities on the premises.
In West Virginia, there are several types of eviction notices, including the Notice to Quit for Unpaid Rent, Notice to Comply or Vacate, Immediate Notice to Vacate, and the 30-Day Notice to Vacate. Each type serves different purposes based on the reason for eviction.
While West Virginia law does not require a notice for non-payment of rent or lease violations, it is recommended that landlords provide a notice period of five to seven days for tenants to rectify the issue before filing for eviction. For month-to-month leases, a 30-day notice is typically required.
To evict a tenant in West Virginia, a landlord must first serve a valid eviction notice. If the tenant does not comply, the landlord can file a complaint in the local Magistrate Court. If the court rules in favor of the landlord, they can obtain a Writ of Possession to remove the tenant.
Yes, landlords in West Virginia can proceed directly to court without providing notice for non-payment of rent or lease violations. However, it is advisable to issue a notice to maintain good landlord-tenant relationships and give tenants a chance to rectify the situation.
If a tenant does not vacate the property after the eviction notice period, the landlord can file an eviction lawsuit, known as an Unlawful Detainer Action, in the local court. If the court rules in favor of the landlord, they can obtain a Writ of Possession to have the tenant removed.
A West Virginia eviction notice should include the tenant’s full name and address, the reason for eviction, any balance due, the date of termination, and the landlord’s signature and contact information. It is also important to note the method of delivery.
In West Virginia, landlords can serve an eviction notice by hand delivery to the tenant, delivering it to a family member at the premises, or posting it in a conspicuous place if the premises are vacant. Proper documentation of service is essential.
Legal grounds for eviction in West Virginia include non-payment of rent, lease violations, property damage, illegal activities on the premises, or the desire to terminate a month-to-month or expired lease. Each reason requires a specific type of eviction notice.