West Virginia: Eviction Notice Requirements

Requirements one by one

Governing law

West Virginia is structurally different from almost every other state. It has no
Uniform Residential Landlord and Tenant Act and no code setting "pay-or-quit" or
"cure-or-quit" notice periods. Instead, a for-cause eviction runs through a summary
court procedure — the "wrongful occupation" article, W. Va. Code chapter 55,
article 3A. Section 55-3A-1 sets out the petition and the grounds; § 55-3A-3 covers
the hearing and judgment. The only pre-court notice the statutes require is the
advance notice to end a periodic tenancy without cause, which lives in a separate
chapter, W. Va. Code § 37-6-5. West Virginia has no statewide just-cause
requirement.

Notice for unpaid rent

There is no statutory pay-or-quit notice in West Virginia. A landlord does not have
to give you a 3-day (or any-day) demand before acting on unpaid rent. Instead, the
landlord files a verified petition alleging the tenant "is in arrears in the payment
of rent" (§ 55-3A-1(a)(3)), and the court schedules a hearing "not less than five
nor more than 10 judicial days following the filing" (§ 55-3A-1(b)). The petition
and the notice of that hearing are your notice. If your lease promises a demand or
grace period before filing, that right comes from the lease — not from state law.

Notice for a lease violation

Same rule: no statutory cure notice. A breach "of a warranty or a leasehold
covenant" is simply pleaded as a ground in the § 55-3A-1 petition
(§ 55-3A-1(a)(3)). The statute sets no cure period and no cure-or-quit warning.
Whether you get a chance to fix the problem, and how much time, is a matter of what
your lease says, not what the code requires.

Unconditional quit (no cure allowed)

Because West Virginia has no statutory pre-suit notice for cause, it also has no
separate "unconditional quit" notice. Deliberate or negligent damage to the
property — or knowingly letting someone else damage it — is one of the enumerated
petition grounds (§ 55-3A-1(a)(3)), pleaded straight into the court filing like
arrears or a covenant breach. Every for-cause ground goes directly to the petition;
none carries its own statutory notice or cure step.

Ending a month-to-month tenancy

This is the one situation where West Virginia law does require advance notice. Under
§ 37-6-5, a "tenancy from year to year" is ended by "at least three months' notice
prior to the end of any year," and "a periodic tenancy, in which the period is less
than one year" — a month-to-month, for example — is ended by "notice for one full
period before the end of any period." So a month-to-month tenant is entitled to one
full rental period's written notice, timed to a period boundary. The section does
not apply where the lease fixes a different notice period, says none is required, or
sets a fixed end date.

How the notice must be served

Two different service rules apply to two different papers. A § 37-6-5 termination
notice "may be served upon [the tenant] or upon anyone holding under him the leased
premises." The statute provides no "post it on the door" method — a 2026 bill (HB
4570) that would have added conspicuous posting passed the House but died in the
Senate, so posting is not an authorized method under current law. The § 55-3A-1
notice of the court hearing is served differently: "in accordance with the
provisions of Rule 4 of the West Virginia Rules of Civil Procedure or by certified
mail, return receipt requested" (§ 55-3A-1(c)).

Tenant's right to cure/reinstate

West Virginia's eviction statutes give no statutory pay-and-stay or cure right.
Paying the back rent is not a statutory bar to the wrongful-occupation petition the
way it is in pay-or-quit states — though in practice paying in full often resolves
the case. What the statute does guarantee is procedural: the hearing notice must
tell you that "any written defense to the petition may be filed and served upon the
petitioner within five days of the receipt" of the notice (§ 55-3A-1(c)), and
§ 55-3A-2 preserves the defenses available in ejectment or unlawful detainer. These
sections contain no retaliation bar — West Virginia's implied warranty of
habitability and its retaliatory-eviction defense come from court decisions, not
this statute. And self-help is illegal: only a court order, carried out by the
sheriff, can remove a tenant.

What trips people up

There is no "3-day notice" to wait for. Many tenants expect a written pay-or-quit
demand before anything happens. In West Virginia, the first formal paper for a
for-cause eviction can be the court petition and hearing notice itself
(§ 55-3A-1). Don't assume you'll get a separate warning; read your lease for any
contractual notice.

The hearing comes fast — 5 to 10 judicial days. Once the petition is filed, the
hearing is set within that short window (§ 55-3A-1(b)), and your written defense is
due within five days of receiving the notice (§ 55-3A-1(c)). Act immediately.

Ending a month-to-month tenancy is the exception that does need notice. A
no-cause termination of a periodic tenancy requires one full rental period of
written notice (§ 37-6-5) — timed to the end of a period, not just any 30 days.

Your lease can give you more than the statute. Because state law is thin here,
a lease that promises a grace period, a cure window, or a longer notice is often a
tenant's main source of protection. Check it.

Common questions

Does a West Virginia landlord have to give me a written notice before filing for
nonpayment? Not under state law. The landlord can file a wrongful-occupation
petition alleging you are in arrears (§ 55-3A-1); the petition and the notice of a
hearing set 5–10 judicial days out are your notice. Your lease may require a demand
first.

If I pay the back rent, does the case go away? Paying is not a statutory bar to
the petition the way it is in "pay-or-quit" states, but paying in full commonly
resolves the case in practice. Get any agreement to dismiss in writing.

I'm month-to-month and my landlord just wants me out — how much notice do I get?
One full rental period of written notice, timed to the end of a period (§ 37-6-5).
West Virginia has no just-cause law, so no reason is required, but the full period
must be given.

How fast is the court hearing? Not less than 5 and not more than 10 judicial
days after the petition is filed (§ 55-3A-1(b)). Because that is quick and your
written defense is due within five days of receiving notice, respond right away.

Statutes and sources

• W. Va. Code § 55-3A-1 — verified petition for wrongful occupation; grounds (arrears, covenant breach, damage); 5–10-judicial-day hearing; service of hearing notice; 5-day written defense.
  https://code.wvlegislature.gov/55-3A-1/ (accessed 2026-07-10)
• W. Va. Code § 37-6-5 — notice to terminate a periodic tenancy (3 months year-to-year; one full period for shorter periodic tenancies); service.
  https://code.wvlegislature.gov/37-6-5/ (accessed 2026-07-10)