Renting in West Virginia
Your rights as a tenant in West Virginia
In West Virginia, a month-to-month tenancy can be ended with notice for one full rental period (one month) before the end of any period. A year-to-year tenancy is ended with written notice at least three months before the end of the year. These rules do not apply when a special agreement sets another notice period or says no notice is needed, or to a tenancy that ends on a set date.
What the law says
The rules, one by one
The basic rules for renting in West Virginia, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much notice ends a month-to-month rental?
In West Virginia, a month-to-month tenancy can be ended with notice for one full rental period (one month) before the end of any period. A year-to-year tenancy is ended with written notice at least three months before the end of the year. These rules do not apply when a special agreement sets another notice period or says no notice is needed, or to a tenancy that ends on a set date.
What the law says · W. Va. Code §37-6-5
“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. 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. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. 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.”
Source: West Virginia Legislature – West Virginia Code (W. Va. Code §37-6-5) · Verified on October 24, 2026
Eviction
How an eviction works in West Virginia
Step by step, with the time periods the law sets. No landlord can skip the court.
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Landlord files an eviction petition
What the law says · W. Va. Code §55-3A-1(a)
“A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition”
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Court sets the hearing date
5 to 10 judicial days
What the law says · W. Va. Code §55-3A-1(b)
“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.”
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Notice of the hearing is served on the tenant
What the law says · W. Va. Code §55-3A-1(c)
“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.”
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Your written defense (answer)
up to 5 days
What the law says · W. Va. Code §55-3A-1(c)
“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.”
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Court hearing
What the law says · W. Va. Code §55-3A-3(a)
“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.”
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Order for possession (judgment)
What the law says · W. Va. Code §55-3A-3(e)
“At the conclusion of a hearing held under the provisions of subsection (b) or (c) of this section, if the court finds that the tenant is in wrongful occupation of the rental property, the court shall make and enter an order granting immediate possession of the property to the landlord.”
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Appeal to circuit court
up to 20 days
What the law says · W. Va. Code §50-5-12(a)
“Any person may appeal the judgment of a magistrate court to the circuit court as a matter of right by requesting such appeal not later than twenty days after such judgment is rendered or not later than twenty days after a decision is rendered upon a motion to set aside such judgment.”
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Sheriff removes the tenant who has not left
What the law says · W. Va. Code §55-3A-3(f)
“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.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
In West Virginia, housing discrimination because of race, religion, color, national origin, ancestry, sex, blindness, disability or familial status is forbidden. To report it, you may call, write or visit the office of the West Virginia Human Rights Commission. The complaint must be filed within 365 days of the most recent date of discrimination.
West Virginia Human Rights Commission (Office of Inspector General)- West Virginia Judiciary – Magistrate Court Forms (eviction)courtswv.gov
- Legal Aid of West Virginialegalaidwv.org
- West Virginia Free Legal Answerswv.freelegalanswers.org
- Tuesday Legal Connect – West Virginia State Bar free phone line (Tuesdays)wvbar.org
- West Virginia State Bar Lawyer Referral Servicewvlawyerreferral.org
- Recognized Organizations and Accredited Representatives Roster (EOIR, DOJ)justice.gov
Frequently asked questions
How much notice ends a month-to-month rental in West Virginia?
In West Virginia, a month-to-month tenancy can be ended with notice for one full rental period (one month) before the end of any period. A year-to-year tenancy is ended with written notice at least three months before the end of the year. These rules do not apply when a special agreement sets another notice period or says no notice is needed, or to a tenancy that ends on a set date. (W. Va. Code §37-6-5)
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these West Virginia rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- How much can they charge for a deposit? Not verified yet
- When must they return my deposit? Not verified yet
- If I fall behind on rent, what notice must I get? Not verified yet
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Only a court order can remove you Not verified yet
- Protection from retaliation Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet