Landlord Entering Without Notice in West Virginia: What Are My Rights?

1. A person who wants to remove a tenant from rental property may ask a court for relief. The request goes to the magistrate court or the circuit court in the county where the property is.

   West Virginia Legislature W. Va. Code § 55-3A-1(a)

   ✓ Sources checked October 3, 2026

2. The court request must say the person is the owner or the owner's agent, with a right to recover possession of the property. It must say the tenant is wrongfully occupying the property (staying there without a legal right). The reason must be unpaid rent, a broken warranty or lease promise, or damage the tenant did deliberately or carelessly. The damage may also be damage the tenant knowingly let another person do.

   West Virginia Legislature W. Va. Code § 55-3A-1(a)

   ✓ Sources checked October 3, 2026

3. When a court orders a tenant to leave, the order must say when. The court looks at the nature of the property, such as furnished or unfurnished (with or without furniture). It also looks at the chance of harm to each side and other relevant facts.

   W. Va. Code W. Va. Code § 55-3A-3(f)

   ✓ Sources checked October 3, 2026

4. If a tenant stays on the property past the time in the court order, the sheriff must remove the tenant right away. The sheriff must take care to guard against damage to the landlord's property and the tenant's property.

   W. Va. Code W. Va. Code § 55-3A-3(f)

   ✓ Sources checked October 3, 2026

5. West Virginia law covers a person in a home with no rental agreement or no permission from the tenant. No court may require the owner to use eviction to remove that person. The removal must not be unduly hindered (made too hard). A tenant who stays on in a periodic tenancy (a rental that runs period by period) is not in this group.

   West Virginia Legislature W. Va. Code § 37-6-31(a), (c)

   ✓ Sources checked October 3, 2026

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