Petition for Summary Relief for Wrongful Occupation of Residential Rental Property (Eviction Complaint) (West Virginia)

PETITION FOR SUMMARY RELIEF FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY — WEST VIRGINIA

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. Description of the Premises
4. The Tenancy
5. Pre-Suit Notice
6. Grounds for Wrongful Occupation
7. Damages
8. Request for Hearing and Issuance of Summons
9. Prayer for Relief
10. Verification
11. Signature and Service Blocks
12. Exhibits Index
13. West Virginia Practice Notes
14. Sources and References

1. CAPTION

STATE OF WEST VIRGINIA

[COUNTY NAME] COUNTY

IN THE [MAGISTRATE / CIRCUIT] COURT OF [COUNTY] COUNTY

CIVIL ACTION NO. [________________________________]

VERIFIED PETITION FOR SUMMARY RELIEF FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY

(W. Va. Code § 55-3A-1 et seq.)

Petitioner, by counsel, respectfully petitions this Court pursuant to W. Va. Code § 55-3A-1 et seq. for summary relief restoring possession of the residential rental property described below and for related monetary relief, and in support states:

2. PARTIES, JURISDICTION, AND VENUE

1.1. Petitioner. Petitioner [LANDLORD NAME] is [an individual / a West Virginia limited liability company / a corporation organized under the laws of [STATE]] residing or with its principal place of business at [ADDRESS], [CITY], [STATE] [ZIP], and is the [owner / authorized agent of the owner] of the Premises described in Section 3 with the right to recover possession thereof. (W. Va. Code § 55-3A-1(1).)

1.2. Respondent. Respondent [TENANT NAME] is an adult individual residing at the Premises and is the tenant of record under the Lease described in Section 4.

1.3. Other Occupants. All other adult occupants of the Premises are made parties pursuant to W. Va. Code § 55-3A-1.

1.4. Subject-matter jurisdiction. This Court has jurisdiction under W. Va. Code § 55-3A-1 (concurrent jurisdiction in magistrate and circuit courts) and § 50-2-1 (magistrate jurisdiction in unlawful entry / wrongful occupation matters where the amount in controversy does not exceed $10,000 and title is not in dispute). The amount in controversy is $[_______________], which [is / is not] within the magistrate jurisdictional limit. Title to the Premises is not in dispute.

1.5. Venue. Venue is proper because the Premises is located in [COUNTY] County, West Virginia. (W. Va. Code § 55-3A-1.)

3. DESCRIPTION OF THE PREMISES

2.1. The residential rental property at issue is located at:

[STREET ADDRESS, UNIT / APARTMENT #]

[CITY], West Virginia [ZIP]

District / Tax Map / Parcel: [___________]

(the "Premises").

2.2. The Premises is a [single-family home / duplex / apartment / mobile home] consisting of [___] bedrooms and [___] bathrooms.

4. THE TENANCY

3.1. On or about [__/__/____], Petitioner and Respondent entered into a [written / oral] [fixed-term / month-to-month / week-to-week / year-to-year] lease (the "Lease") for the Premises.

3.2. The Lease provides for monthly rent of $[_______________], due on the [___] day of each month.

3.3. [For fixed-term lease only:] The initial term of the Lease ran from [__/__/____] to [__/__/____].

3.4. [For periodic tenancy:] The Lease has continued on a [month-to-month / week-to-week / year-to-year] basis.

3.5. A true and correct copy of the Lease is attached as Exhibit A and incorporated by reference.

5. PRE-SUIT NOTICE

4.1. On [__/__/____], Petitioner served Respondent with a [Notice to Pay Rent or Quit / Notice to Cure or Quit / Notice to Terminate Tenancy] (the "Pre-Suit Notice"), a true and correct copy of which is attached as Exhibit B.

4.2. The Pre-Suit Notice provided a [___]-[day / period] opportunity to [pay / cure / vacate] by [__/__/____].

4.3. The Pre-Suit Notice was served upon Respondent by:

• ☐ Personal delivery
• ☐ Substituted delivery to a person of suitable age and discretion residing at the Premises
• ☐ Conspicuous posting on the front entrance
• ☐ U.S. Certified Mail, Return Receipt Requested (tracking #: [___________])
• ☐ Other: [_______________]

4.4. As of the date of this Petition, Respondent has failed to [pay the past-due rent / cure the breach / vacate the Premises].

6. GROUNDS FOR WRONGFUL OCCUPATION

5.1. Respondent is wrongfully occupying the Premises within the meaning of W. Va. Code § 55-3A-1(3).

[SELECT ONE OR MORE GROUNDS — the statute is conjunctive only as pleaded:]

(a) Arrearage in Payment of Rent

5.2(a)(i). Respondent is in arrears in the payment of rent in the total amount of $[_______________], comprised of:

5.2(a)(ii). Despite the Pre-Suit Notice, Respondent has failed to pay the past-due balance.

(b) Breach of Warranty or Leasehold Covenant

5.2(b)(i). Respondent has breached the following express covenant(s) of the Lease:

• Lease § [___] — [Title]: "[QUOTED LANGUAGE]" — Breached by [FACTS] on [__/__/____].
• Lease § [___] — [Title]: "[QUOTED LANGUAGE]" — Breached by [FACTS] on [__/__/____].

5.2(b)(ii). Respondent failed to cure the breach within the period specified in the Pre-Suit Notice.

(c) Deliberate or Negligent Damage to the Premises

5.2(c)(i). Respondent (or a person Respondent knowingly permitted on the Premises) has deliberately or negligently damaged the Premises as follows:

5.2(c)(ii). Photographs and the [contractor estimate / insurance report / inspection report] are attached as Exhibit C.

(d) Holdover after Termination of Periodic Tenancy

5.2(d)(i). Petitioner terminated the [month-to-month / year-to-year] tenancy effective [__/__/____] by service of the Pre-Suit Notice in compliance with W. Va. Code § 37-6-5 and Lease § [___].

5.2(d)(ii). Respondent has remained in possession beyond the Termination Date in breach of the leasehold covenant to surrender at termination, constituting wrongful occupation.

7. DAMAGES

6.1. As a direct result of Respondent's wrongful occupation, Petitioner has been damaged in the following amounts (current as of the date of this Petition):

6.2. Damages continue to accrue at the daily rate of $[_______________] for each day Respondent wrongfully occupies the Premises.

8. REQUEST FOR HEARING AND ISSUANCE OF SUMMONS

7.1. Pursuant to W. Va. Code § 55-3A-2, Petitioner respectfully requests that the Court schedule a hearing not less than 5 nor more than 10 judicial days after the filing of this Petition.

7.2. Petitioner further requests that the Court cause notice of the hearing to be served upon Respondent in accordance with Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested.

7.3. Petitioner will appear and present testimony and documentary evidence sufficient to establish, by a preponderance of the evidence, the allegations of this Petition.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays for entry of judgment against Respondent and all other occupants as follows:

• A. A judgment of possession of the Premises and an order for Respondent's removal pursuant to W. Va. Code § 55-3A-3;
• B. A money judgment for past-due rent, late fees, and accrued use-and-occupancy charges through the date of judgment;
• C. A money judgment for property damage in the amount of $[____], together with any further sums established by proof at the hearing;
• D. A money judgment for court costs, service fees, and (where authorized by the Lease or law) reasonable attorney fees;
• E. Pre-judgment interest at the statutory rate (W. Va. Code § 56-6-31);
• F. A writ of possession directing the [County Sheriff] to restore possession to Petitioner; and
• G. Such other and further relief as the Court deems just and equitable.

10. VERIFICATION

STATE OF WEST VIRGINIA

COUNTY OF [_______________]

I, [PETITIONER NAME], being first duly sworn, depose and say that I am the Petitioner (or duly authorized agent of the Petitioner) in the foregoing action; that I have read the foregoing Verified Petition; that I know the contents thereof; and that the matters and facts stated therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]

[PETITIONER / AGENT NAME]

Title: [Owner / Property Manager / Authorized Agent]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — State of West Virginia

(My Commission Expires: [_______________])

11. SIGNATURE AND SERVICE BLOCKS

Date: [__/__/____]

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], W. Va. State Bar No. [####]

Counsel for Petitioner

[STREET ADDRESS]

[CITY, WV ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

12. EXHIBITS INDEX

• Exhibit A: Lease Agreement dated [__/__/____]
• Exhibit B: Pre-Suit Notice (Notice to [Pay/Cure/Terminate]) dated [__/__/____] with proof of service
• Exhibit C: Damage documentation — photographs, contractor estimate, inspection report
• Exhibit D: Rent ledger / payment history
• Exhibit E: Prior written warnings / correspondence (if any)
• Exhibit F: Service-receipt evidence (certified-mail RRR cards, sheriff's return, declaration)

13. WEST VIRGINIA PRACTICE NOTES

• Statutory grounds are exclusive (in form). § 55-3A-1(3) lists three grounds: arrearage, breach of warranty/covenant, or damage. A holdover after periodic-tenancy termination is typically pleaded as breach of the covenant to surrender.
• Hearing window. § 55-3A-2 requires hearing 5-10 judicial days after filing. Be ready with witnesses, lease, ledger, photos, and notice receipts at filing.
• Verification is mandatory. § 55-3A-1 requires a verified petition. Notarize before filing.
• Magistrate Court jurisdiction. Concurrent with Circuit Court for possession; capped at $10,000 monetary recovery per § 50-2-1. Title disputes go to Circuit Court.
• Removal to Circuit Court. Either party may seek removal under W. Va. Code § 50-4-8 in some circumstances (e.g., counterclaims exceeding magistrate limit, complex equitable defenses). Most evictions remain in Magistrate.
• Service. Rule 4 personal service is most defensible. Certified mail RRR is permitted by § 55-3A-2. Posting alone is generally insufficient.
• Tenant's right to jury trial. Preserved by W. Va. Code § 55-3A-2 — tenant may demand a jury at or before hearing.
• Habitability and retaliation defenses. Anticipate counterclaims under Teller v. McCoy, § 37-6-30, and retaliation under Imperial Colliery v. Fout. Plead Petitioner's compliance affirmatively where possible.
• Pay-and-stay. Many magistrates dismiss nonpayment cases when tenant tenders all back rent + costs before hearing. Lease language may permit forfeiture despite tender; raise affirmatively.
• Appeal. Tenant has 20 days to appeal magistrate judgment to Circuit Court (§ 55-3A-3 / WV magistrate rules). Appeal generally stays possession if rent continues to be paid into court.
• Self-help is barred. Do not change locks or remove tenant property. Wait for the writ of possession executed by the sheriff.
• Sheriff's writ. After judgment, the sheriff executes the writ. Coordinate with the [COUNTY] Sheriff's Civil Division.
• Federally subsidized housing. § 55-3A-1 applies, but additional federal pretermination procedures (e.g., 24 C.F.R. § 247.4) must have been satisfied; plead them in Section 5.

14. SOURCES AND REFERENCES

• W. Va. Code § 55-3A-1 — https://code.wvlegislature.gov/55-3A-1/
• W. Va. Code § 55-3A-2 — https://code.wvlegislature.gov/55-3A-2/
• W. Va. Code § 55-3A-3 — https://code.wvlegislature.gov/55-3A-3/
• W. Va. Code § 37-6-5 — https://code.wvlegislature.gov/37-6-5/
• W. Va. Code § 37-6-6 — https://code.wvlegislature.gov/37-6-6/
• W. Va. Code § 37-6-30 — https://code.wvlegislature.gov/37-6-30/
• W. Va. Code § 37-6A-2 — https://code.wvlegislature.gov/37-6A-2/
• W. Va. Code § 50-2-1 (Magistrate jurisdiction)
• W. Va. Code § 50-4-8 (Removal)
• W. Va. Code § 56-6-31 (Pre-judgment interest)
• W. Va. R. Civ. P. 4 (Service of process)
• Teller v. McCoy, 162 W. Va. 367, 253 S.E.2d 114 (1978)
• Imperial Colliery Co. v. Fout, 179 W. Va. 776, 373 S.E.2d 489 (1988)
• Legal Aid of West Virginia — Court Eviction Process: https://legalaidwv.org/legal-information/court-eviction-process/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in West Virginia must review and customize this document before filing. Many WV magistrate courts use a pre-printed petition form (e.g., CCC-MAG-117); confirm the local form requirements before filing.