Facing Eviction in West Virginia: What Can I Do?
This page covers eviction in West Virginia. It covers ending a periodic rental, the court petition, the hearing, your written answer, and what can happen after the judge decides.
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A periodic tenancy (a rental that runs period by period, for example month to month) may be ended by notice. This is for a period under 1 year. The notice is for one full period before the end of any period. A special agreement can fix a different notice period or say no notice is to be given.
✓ Sources checked October 3, 2026
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A landlord who wants to remove a tenant files a verified petition (the landlord's court papers). The petition must say the tenant is wrongfully (without a legal right) occupying the property. It must give one of these reasons: the tenant is behind on rent, or has broken a warranty or a lease promise. Another reason is that the tenant has deliberately or negligently (carelessly) damaged the property or knowingly let another person do so.
✓ Sources checked October 3, 2026
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After a landlord files a petition to remove a tenant, the court must schedule a hearing. The hearing may not be less than 5 nor more than 10 judicial days after the petition is filed.
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Your landlord must have a notice of the hearing served on you. Service follows Rule 4 of the West Virginia Rules of Civil Procedure, or is by certified mail, return receipt requested. The notice must say you may file a written defense and serve it on the landlord within 5 days of getting the notice. Keep a copy of any texts and emails you send about the case. They are a record of what you sent.
✓ Sources checked October 3, 2026
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A tenant in a summary eviction case may assert any and all defenses. These are the defenses that could be raised in an action for ejectment or unlawful detainer (court cases to get property back).
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A landlord's petition may say the tenant owes rent. The tenant may then file an answer. The answer may say the landlord broke a material promise in the lease that the duty to pay rent depends on. The court must then hold a hearing on those issues.
✓ Sources checked October 3, 2026
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At the time of the hearing, the tenant may have made no appearance and filed no answer or other responsive pleading (a written reply). The court must then order immediate possession of the property to the landlord.
✓ Sources checked October 3, 2026
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A continuance (a delay of the hearing) is for cause only. Neither side has a right to one. A tenant who asks for one and gets it must pay into court any periodic rent that comes due during the delay.
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A hearing may be held after a tenant files an answer. At the end, the court may find the tenant is in wrongful occupation (staying without a legal right) of the rental property. The court must then order immediate possession of the property to the landlord.
✓ Sources checked October 3, 2026
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A court order giving the landlord possession must say when the tenant has to move out. The court looks at factors such as whether the property has furniture, the chance of harm to each side, and other relevant facts.
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A summary eviction order must say what happens if the tenant stays past the time the order sets. The sheriff will remove the tenant right away. The sheriff must take precautions to guard against damage to the property of the landlord and the tenant.
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A tenant may appeal (ask a higher court to review the case) and win. If the lease term has expired, the appeals court can order money only. It cannot return the tenant to the home, unless the case involves an issue of title, retaliatory eviction (eviction as punishment), or breach of warranty. You get this money only if you win your case and your landlord pays.
✓ Sources checked October 3, 2026
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A court order may give the landlord the home. If you do not remove all your belongings by the time the order sets, the landlord may remove and store them, among other choices. The landlord may get rid of stored belongings after 30 days without any liability (legal responsibility) in two cases. One is that you have not paid the reasonable costs of storage and removal and have not taken them back. The other is that the storage costs equal their value.
✓ Sources checked October 3, 2026
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Stored belongings worth more than $300 may get 30 more days. This applies if they were not removed within 30 days with the required fees paid. The landlord must then store them for up to 30 more days. You, or a person holding a security interest in them (a lender's legal claim on them), must tell the landlord you intend to remove them. You or that person must also pay the reasonable costs of storage and removal.
✓ Sources checked October 3, 2026
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