NOTICE TO QUIT AND DEMAND FOR POSSESSION
(West Virginia – Residential Tenancy)
[// GUIDANCE: This template is drafted for use in West Virginia residential tenancies. It complies with common-law and statutory eviction prerequisites, including recommended notice and service procedures. Practitioners MUST confirm county-specific magistrate court rules and any local ordinances before service.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation (Intentionally Omitted)
- Dispute Resolution
- General Provisions
- Execution Block & Certificate of Service
1. DOCUMENT HEADER
NOTICE DATE: [____]
EFFECTIVE DATE OF NOTICE: Upon the earlier of (i) personal delivery, or (ii) the third (3rd) Business Day after mailing, as certified by the Certificate of Service below.
FROM (Landlord): [LANDLORD LEGAL NAME], a [nature of entity or “natural person”] with a mailing address of [____] (“Landlord”).
TO (Tenant): [TENANT LEGAL NAME(S)] with a last-known address of [PROPERTY ADDRESS] (“Tenant”).
PREMISES: [Full street address, including unit #, city, county, WV ZIP].
LEASE: That certain written or oral lease dated [____] (the “Lease”).
GOVERNING LAW & JURISDICTION: State of West Virginia; exclusive venue in the Magistrate Court or Circuit Court having territorial jurisdiction over the Premises, absent removal to federal court where permitted.
CONSIDERATION: Delivery of this Notice constitutes the condition precedent to Landlord’s exercise of statutory remedies for possession of the Premises.
2. DEFINITIONS
“Business Day” – Any calendar day other than Saturday, Sunday, or an official West Virginia or federal holiday.
“Cure Period” – The period, if any, during which Tenant may remedy a Lease Default, as specified in Section 3.2.
“Default” or “Lease Default” – Any event enumerated in Section 3.1.
“Notice Period” – The statutory or contractually required number of days between service of this Notice and the earliest filing date for a possession action, as set forth in Section 3.3.
“Possession Action” – Any summary proceeding (forcible entry/detainer, unlawful detainer, or wrongful occupation) commenced under West Virginia law to recover possession of the Premises.
3. OPERATIVE PROVISIONS
3.1 Stated Basis for Notice (Check All That Apply)
☐ Non-Payment of Rent in the sum of $[__], which became due on [_].
☐ Holdover After Expiration of Lease Term on [].
☐ Material Non-Monetary Breach, specifically: [describe violation] (e.g., unauthorized occupants, pet violation, criminal activity).
☐ Other: [_].
3.2 Right to Cure (If Applicable)
Subject to West Virginia law and any Lease provisions, Tenant ☐ is / ☐ is not afforded a Cure Period. Where a Cure Period applies, Tenant must fully remedy the Default within [__] days after Effective Date of Notice, or vacate within the Notice Period, whichever first occurs.
[// GUIDANCE:
• WV practice generally permits – but does not mandate – a cure period for non-payment and curable breaches.
• Common market standards: 5 days for non-payment, 10 days for curable lease violations, 30 days (no cure) for holdover.
• Insert the correct number of days based on local rule or the Lease.]
3.3 Demand & Notice Period
Landlord hereby (i) demands full payment and/or cure of the Default described above, OR surrender of possession of the Premises, and (ii) terminates the Lease effective upon expiration of a [XX]-day Notice Period measured from the Effective Date. Failure to comply will result in immediate filing of a Possession Action without further notice.
3.4 Payment Instructions (If Monetary Default)
Remit all amounts by certified funds payable to [PAYEE NAME] and delivered to [PAYMENT ADDRESS] no later than the last day of the Cure Period/Notice Period (whichever is earlier). Partial payments will ☐ suspend / ☐ not suspend Landlord’s right to proceed, unless otherwise required by law.
4. REPRESENTATIONS & WARRANTIES
4.1 Landlord represents and warrants that:
a. Landlord holds legal title or lawful possessory interest entitling Landlord to demand possession.
b. The above-stated Defaults are, to Landlord’s best knowledge, true and correct.
c. All conditions precedent to issuance of this Notice have been satisfied.
4.2 Tenant makes no representations by receipt of this Notice.
5. COVENANTS & RESTRICTIONS
5.1 Tenant shall not commit waste, remove fixtures, or impede Landlord’s statutory right of re-entry during the Notice Period.
5.2 Tenant shall continue to maintain all utilities and comply with all Lease obligations until legal surrender or lawful eviction.
6. DEFAULT & REMEDIES
6.1 Events of Default. Tenant’s failure to (i) pay all sums due, (ii) cure all non-monetary breaches, or (iii) surrender possession within the Notice Period constitutes an Event of Default under this Notice and the Lease.
6.2 Remedies. Upon an Event of Default, Landlord may exercise any or all of the following, cumulatively or in the alternative:
a. File a Possession Action seeking a writ of restitution and, where permitted, money damages;
b. Seek statutory costs and attorney’s fees as allowed by law or by Lease;
c. Pursue all additional remedies under the Lease or applicable law.
6.3 Reservation of Rights. No remedy conferred by this Notice is exclusive of any other rights or remedies provided by law, equity, or the Lease.
7. RISK ALLOCATION
[INTENTIONALLY OMITTED – Not material to a statutory notice.]
8. DISPUTE RESOLUTION
8.1 Governing Law. This Notice and any related proceeding shall be governed exclusively by the laws of the State of West Virginia.
8.2 Forum Selection. Any Possession Action shall be brought in the state court having jurisdiction over the county where the Premises are located.
8.3 Jury Trial. Nothing herein shall operate as a waiver of either party’s constitutional right to a jury trial where such right is available.
8.4 Injunctive Relief. Landlord expressly reserves the right to seek immediate injunctive or equitable relief to obtain possession and protect the Premises.
9. GENERAL PROVISIONS
9.1 No Waiver. Acceptance of partial rent or delay in enforcement shall not be deemed a waiver of Landlord’s rights unless expressly stated in writing.
9.2 Severability. If any portion of this Notice is held invalid, the remainder shall continue in full force and effect.
9.3 Entire Notice. This Notice constitutes the entire and exclusive written demand required prior to commencement of a Possession Action and supersedes all prior oral or written notices regarding the stated Defaults.
9.4 Amendments. Any modification must be in a signed writing delivered in the manner required for service of notices under Section 10.2.
10. EXECUTION BLOCK & CERTIFICATE OF SERVICE
10.1 Landlord Signature
[LANDLORD LEGAL NAME]
By: ______
Name: [PRINTED NAME]
Title: [If entity, insert title]
Date: ____
10.2 Certificate of Service
I, the undersigned, declare under penalty of perjury that on ___ / ___ / 20___, I served the foregoing Notice to Quit and Demand for Possession upon the Tenant(s) as follows (check all that apply):
☐ Personal delivery to Tenant.
☐ Personal delivery to a person of suitable age and discretion then residing at the Premises.
☐ Posting in a conspicuous place at the Premises AND mailing a true copy via ☐ certified / ☐ first-class mail to the Premises address.
☐ Registered or certified mail, return receipt requested, addressed to Tenant at the Premises.
☐ Other method permitted by the Lease: [describe].
Signature of Server: _____
Printed Name: ______
Address & Phone: _____
[// GUIDANCE:
1. Verify county-specific requirements for notice periods and acceptable service methods—some magistrate courts require PERSONAL service before issuing a writ.
2. If the Lease provides a longer notice or cure period than state law, comply with the longer period.
3. Retain proof of mailing, posting photographs, and an executed Certificate of Service for court filing.
4. For subsidized housing or mobile home lots, additional federal or state notice rules may apply (e.g., 30-Day CARES Act notice).]