West Virginia's wrongful occupation procedure relies heavily on lease terms for notice requirements. Review your lease carefully before filing.
West Virginia's eviction process is called Wrongful Occupation and is governed by West Virginia Code Chapter 55, Article 3A. Cases are filed in magistrate court at the county level. West Virginia is generally landlord-friendly with reasonably efficient procedures. Uncontested cases typically conclude within three to five weeks of filing.
Wrongful occupation cases are filed in the magistrate court of the county where the property is located. West Virginia's 55 counties each have magistrate courts that handle landlord-tenant matters efficiently.
For non-payment of rent, West Virginia does not require a specific statutory pre-filing notice for residential evictions in most circumstances. The lease terms typically govern notice requirements. Many leases require some form of notice (often 5 to 10 days) before filing — review your lease carefully.
For material lease violations, West Virginia generally allows the lease terms to control notice requirements. For situations not addressed in the lease, common-law principles apply.
For month-to-month tenancies without cause, West Virginia generally requires 30 days written notice. Deliver notices by personal service, posting and mailing, or certified mail. Document delivery thoroughly.
After any notice required by the lease has expired, file a wrongful occupation petition in the magistrate court of the property's county. Filing fees in West Virginia are typically $50 to $100. Service is performed by the sheriff or constable.
The hearing is scheduled within 5 to 10 days of filing. The tenant must appear at the hearing or face default judgment.
West Virginia magistrate court hearings in wrongful occupation cases are informal and brief. Bring your lease, any notice you served, proof of service, your rent ledger, and any documentation. The magistrate will hear both sides and typically issue a ruling at the hearing.
If you prevail, the writ of possession is issued. Tenants can appeal to circuit court but appeals require posting bond.
Kanawha County, anchored by Charleston (the state capital), is West Virginia's most populous county. Kanawha County wrongful occupation filings go to the Kanawha County Magistrate Court in Charleston. The Charleston metropolitan area is the state's primary rental market.
Berkeley County, in the eastern panhandle, includes Martinsburg and is part of the Washington DC metropolitan area. The eastern panhandle has seen significant population growth from DC commuters. Berkeley County wrongful occupation filings go to the Berkeley County Magistrate Court in Martinsburg. For detailed landlord-tenant law specific to each county — including local court contacts, filing logistics, and procedural details — see Kanawha County landlord-tenant law and Berkeley County landlord-tenant law.
West Virginia's wrongful occupation procedure relies heavily on the lease terms for notice requirements. Review your lease carefully before serving notice or filing. See the full West Virginia landlord-tenant law guide for notice considerations, security deposit rules, and county-specific information across all 55 West Virginia counties.
Once the writ of possession is issued, the sheriff or constable executes the writ. Execution typically occurs within 5 to 10 days. Be present with a locksmith.
West Virginia law provides procedures for handling tenant property left behind. Provide notice and reasonable opportunity for retrieval before disposal.