Two eviction routes, and which one to use
West Virginia has an ordinary unlawful detainer action under Chapter 55, Article 3, and a faster summary process for residential rentals in Article 3A. Almost every apartment eviction uses Article 3A, the petition for summary relief for wrongful occupation of residential rental property, because the statute sets a hearing date within days of filing.
Under W. Va. Code 55-3A-1(a), you can file when the tenant is behind on rent, has breached a warranty or lease covenant, or has deliberately or negligently damaged the unit or knowingly let someone else do so. The Code doesn’t require a pay-or-quit notice first, but read your lease, because a notice clause you wrote can still bind you.
Notices that still matter in West Virginia
No-notice filing applies to the grounds in 55-3A-1. Ending a tenancy for no reason is different. A month-to-month tenancy ends only with written notice of one full rental period before the end of a period, and a year-to-year tenancy needs at least three months’ notice before the year ends, W. Va. Code 37-6-5. A tenant who stays after that notice is the one you file against. Our West Virginia landlord-tenant law guide walks through those periodic notice rules with dates.
Covered federal properties are the other exception. If the building has a federally backed mortgage, such as a Fannie Mae, Freddie Mac or FHA-insured loan, or takes part in a covered federal housing program, the CARES Act may require a 30-day notice to vacate under 15 U.S.C. 9058(c). The 120-day moratorium ended in 2020, but the 30-day text is still in the statute and courts have split on whether it still applies. In a state with no notice requirement of its own, serving 30 days at a covered building is the safer choice.
Filing the petition in magistrate court
File a verified petition in the magistrate court or the circuit court of the county where the building is located. Most landlords use magistrate court and its form MLTPTWR, the Petition for Summary Relief for Wrongful Occupation of Residential Rental Property, which must be signed under oath before a notary. The petition states that you are the owner or agent, describes the unit, explains the arrearage, breach or damage, and asks for possession and any back rent.
Under 55-3A-1(b), as rewritten by House Bill 3272 in 2025, the court schedules the hearing when you file, no less than five and no more than 10 judicial days later. You then serve notice of the hearing promptly, either under Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail with return receipt, and file the proof of service with the court once you have it.
The tenant’s answer, jury demand and continuances
The hearing notice must tell the tenant that a written defense may be filed and served within five days after receiving it, 55-3A-1(c). The magistrate court summons, form MLTSMWO, also tells the tenant that a jury trial must be demanded in writing within five days of service, or the right is waived. A tenant may raise any defense that would work in ejectment or unlawful detainer, 55-3A-2.
Continuances are for cause only, and neither side gets one as of right. If the tenant gets one, the court must require the tenant to pay into court any rent that comes due while the case is continued, W. Va. Code 55-3A-3(d). That rule takes away much of the incentive to stall.
The hearing and the order of possession
If the tenant has filed no appearance, answer or other response by the hearing, the court enters an order granting you immediate possession, 55-3A-3(a), and can also rule on the rent owed. If the tenant answers, the court hears the issues raised. In a rent case, the defense the statute names is a landlord breach of a material covenant on which the duty to pay rent depends, which in practice is usually a repair or habitability claim.
If the court finds wrongful occupation, it orders immediate possession and sets the time the tenant must leave, 55-3A-3(e) and (f). The judge or magistrate picks that date based on the facts, such as whether the unit is furnished and the relative harm to each side, so you won’t know the move-out date until the hearing. The order also directs the sheriff to remove a tenant who stays past it.
Appeals in West Virginia evictions
A party can appeal a magistrate court judgment to circuit court as a matter of right within 20 days, and must post a bond, under W. Va. Code 50-5-12(a). The bond must be at least the reasonable court costs of the appeal and no more than the judgment plus those costs, and a tenant permitted to proceed without prepaying costs doesn’t post one. Filing an appeal automatically stays enforcement, and an appeal from a bench trial is heard fresh in circuit court.
The eviction statute limits what a tenant can win on appeal. Under 55-3A-3(g), if the lease term has expired, a tenant who prevails on appeal gets money damages only, not the unit back, unless the case involves title, retaliatory eviction or breach of warranty. During the appeal, a tenant whose tenancy has otherwise expired is not entitled to stay in possession.
The sheriff, lockouts and belongings
Removal is the sheriff’s job. The possession order must say that if the tenant stays past the vacate time, the sheriff will remove them, taking care to protect both parties’ property, 55-3A-3(f). Don’t change the locks or carry out a tenant’s belongings yourself before that order and date are in place.
After the vacate date, 55-3A-3(h) gives you three options for property left behind. You can dispose of it if the tenant says in writing it’s abandoned or it’s garbage; remove and store it, and dispose of it after 30 days if storage costs go unpaid or equal its value; or leave it in place and dispose of it after 30 days. If the property is worth more than $300 and the tenant or a secured creditor says they intend to remove it, you must hold it up to 30 more days, as long as they pay reasonable storage and removal costs, 55-3A-3(i).
Military status before a default
Many West Virginia nonpayment cases end with no response from the tenant. Before the court enters a default, the Servicemembers Civil Relief Act, 50 U.S.C. 3931, requires an affidavit stating whether the tenant is in military service. Run the Defense Manpower Data Center check and bring the result to the hearing.
West Virginia eviction timeline at a glance
These are the statutory deadlines for a summary relief petition in magistrate court.
| Step | Deadline | Rule |
|---|---|---|
| Pre-filing notice for rent, breach or damage | None required by statute | W. Va. Code 55-3A-1(a) |
| Notice to end a month-to-month tenancy | One full rental period | W. Va. Code 37-6-5 |
| Hearing set at filing | 5 to 10 judicial days after filing | W. Va. Code 55-3A-1(b) |
| Serve hearing notice | Promptly, by Rule 4 or certified mail | W. Va. Code 55-3A-1(c) |
| Tenant’s written defense | Within 5 days of receiving notice | W. Va. Code 55-3A-1(c) |
| Tenant’s jury demand | Within 5 days of service | Magistrate summons MLTSMWO |
| Continuance | For cause only, rent paid into court | W. Va. Code 55-3A-3(d) |
| Vacate date | Set by the court in its order | W. Va. Code 55-3A-3(f) |
| Appeal to circuit court | Within 20 days, with bond | W. Va. Code 50-5-12(a) |
| Belongings left behind | Disposal after 30 days, more if worth over $300 | W. Va. Code 55-3A-3(h)-(i) |
Worked example: a $950 unit in Charleston
Assume a 12-unit building in Charleston where one tenant pays $950 a month and misses rent on the 1st. The lease has no notice clause and the loan isn’t federally backed. You file the petition on Monday the 2nd. Assume a $500 attorney fee for an uncontested case; your counsel’s quote may differ.
The court can set the hearing as soon as five judicial days out, which is the following Monday, the 9th. The tenant files no defense, and the magistrate orders immediate possession. The vacate date is up to the court, so assume it sets one 10 days after the hearing, the 19th, and the sheriff removes the tenant on the 20th. That’s 19 days of unpaid occupancy counted from the 1st.
A day of rent is about $31.23, so 19 days is $593 in lost rent, and the total with the assumed fee is $1,093. A 30-day CARES Act notice at a covered building, a contested hearing or a 20-day appeal can each move that date much further out.
Alternatives, and selling with a petition pending
Because West Virginia cases move quickly, a cash for keys offer works best before the hearing, when a firm move-out date is worth something to both sides. A payment plan is another route, but put it in writing and say whether you are dismissing or only continuing the petition.
You can also sell while a petition is pending. The buyer takes title subject to the leases and can continue the case as owner, so turn over the petition, proof of service, rent ledger and any possession order. Tenant estoppel certificates confirm rent and deposits for every other unit.
Selling your West Virginia apartment building to Skyline
Skyline Capital Investments buys apartment buildings with five or more units throughout West Virginia, occupied, with tenants behind on rent and with petitions already on file. We buy the building as it is, so you don’t have to wait out a case before you sell.
Send the address and unit count through the form on this page or call (469) 660-2977. We typically respond within 48 hours.
