Notice to Pay Rent or Quit (West Virginia)

NOTICE TO PAY RENT OR QUIT — WEST VIRGINIA

TABLE OF CONTENTS

1. Header and Recipient Block
2. Statement of Tenancy
3. Itemization of Past-Due Rent
4. Demand for Payment or Possession
5. Acceptable Methods of Payment
6. Reservation of Rights
7. Acceptance of Partial Payment Disclaimer
8. Required Federal and Fair-Housing Notices
9. Service / Method of Delivery
10. Signature Block
11. Proof of Service / Certificate of Delivery
12. West Virginia Practice Notes
13. Sources and References

1. HEADER AND RECIPIENT BLOCK

TO: [TENANT'S FULL LEGAL NAME], and all other occupants of the premises located at:

[RENTAL PROPERTY STREET ADDRESS]

[UNIT / APARTMENT #]

[CITY], West Virginia [ZIP]

(the "Premises")

FROM: [LANDLORD / OWNER / AGENT NAME]

[LANDLORD MAILING ADDRESS]

[CITY, STATE, ZIP]

[PHONE] | [EMAIL]

Date of Notice: [__/__/____]

2. STATEMENT OF TENANCY

You are the tenant of record under a written / oral rental agreement (the "Lease") dated [__/__/____] for the Premises identified above. The Lease provides for rent in the amount of $[_______________] per [month / week / other period], due on the [___] day of each rental period.

3. ITEMIZATION OF PAST-DUE RENT

You are in default of your rent obligation. The following amounts are now due and unpaid:

4. DEMAND FOR PAYMENT OR POSSESSION

YOU ARE HEREBY NOTIFIED that, pursuant to the forfeiture / re-entry provision of the Lease at Section [___] and the common law of West Virginia, you must, within [FIVE (5) / TEN (10) / OTHER] calendar days from the date of service of this Notice (the "Cure Period"), either:

☐ (A) PAY the full past-due balance of $[_______________] in good and immediately collectible funds; OR

☐ (B) QUIT AND DELIVER POSSESSION of the Premises to the Landlord by surrendering the keys and vacating with all personal property removed.

If you fail to do either by [__/__/____] at [___]:[___] [a.m./p.m.], the Landlord will, without further notice, declare the Lease forfeited and commence a Petition for Summary Relief for Wrongful Occupation of Residential Rental Property pursuant to W. Va. Code § 55-3A-1 et seq. in the [Magistrate / Circuit] Court of [COUNTY] County, West Virginia, seeking:

• Possession of the Premises;
• Judgment for all rent in arrears, late fees, court costs, and other damages permitted by law or the Lease; and
• Such other and further relief as the court deems just.

5. ACCEPTABLE METHODS OF PAYMENT

Payment must be made in one of the following forms (cash will be accepted only if the Lease so provides):

• ☐ Certified or cashier's check payable to [LANDLORD]
• ☐ Money order
• ☐ Electronic funds transfer to: [BANK / ROUTING / ACCOUNT — REDACT IF POSTING]
• ☐ In person at: [ADDRESS, HOURS]
• ☐ By mail (postmarked no later than [__/__/____]) to: [ADDRESS]

Personal checks [ARE / ARE NOT] accepted.

6. RESERVATION OF RIGHTS

Nothing in this Notice shall be construed as:

• A waiver of any past or future breach of the Lease;
• An accord and satisfaction or settlement of any claim;
• A waiver of the Landlord's right to additional rent that becomes due after the date of this Notice;
• A waiver of the right to recover damage to the Premises, attorney fees, court costs, or pre- and post-judgment interest;
• A waiver of any other right or remedy available under the Lease, W. Va. Code §§ 55-3A-1 et seq., 37-6-1 et seq., or the common law of West Virginia.

7. ACCEPTANCE OF PARTIAL PAYMENT DISCLAIMER

The Landlord is under no obligation to accept a partial payment. If the Landlord, in its sole discretion, accepts any partial payment, such acceptance shall NOT:

• Reinstate the Lease;
• Waive the default;
• Create a new tenancy; or
• Waive the Landlord's right to proceed with a wrongful occupation petition for any unpaid balance.

By accepting partial payment, the Landlord expressly reserves all rights to evict.

8. REQUIRED FEDERAL AND FAIR-HOUSING NOTICES

Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) — IF APPLICABLE TO SENDER: This communication is from a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose. You have thirty (30) days to dispute the debt as set forth in 15 U.S.C. § 1692g.

Servicemembers Civil Relief Act (50 U.S.C. § 3951): If you or any occupant is on active military duty, you may have additional rights and protections, including a possible stay of eviction proceedings.

Fair Housing Act (42 U.S.C. § 3601 et seq.) and W. Va. Human Rights Act (W. Va. Code § 5-11A-1 et seq.): This Notice is issued solely on the ground of nonpayment of rent. The Landlord does not discriminate on the basis of race, color, religion, national origin, sex, familial status, disability, age, or blindness, or any other protected characteristic.

HUD / Section 8 / LIHTC Notice — IF APPLICABLE: If the Premises is subject to a federal subsidy or tax-credit program, additional grace periods and procedural requirements may apply (e.g., 24 C.F.R. § 247.4 — 14-day pretermination notice). Contact your housing authority.

9. SERVICE / METHOD OF DELIVERY

This Notice is being served on the Tenant in the following manner (check all that apply):

• ☐ Personal delivery to Tenant on [__/__/____] at [___]:[___] [a.m./p.m.]
• ☐ Personal delivery to a person of suitable age and discretion residing at the Premises
• ☐ Conspicuous posting on the main entrance door of the Premises
• ☐ U.S. Certified Mail, Return Receipt Requested, Tracking No. [___________]
• ☐ U.S. First-Class Mail
• ☐ Electronic transmission (only if the Lease authorizes e-service) to [EMAIL]

10. SIGNATURE BLOCK

Date: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME]

Title: [Owner / Property Manager / Agent]

[COMPANY NAME, IF APPLICABLE]

[ADDRESS]

[PHONE]

[EMAIL]

11. PROOF OF SERVICE / CERTIFICATE OF DELIVERY

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of West Virginia that I am over the age of eighteen (18), not a party to this matter, and that on [__/__/____] at approximately [___]:[___] [a.m./p.m.], I served the foregoing NOTICE TO PAY RENT OR QUIT upon the Tenant by the method(s) checked in Section 9 above at the Premises located at [ADDRESS].

[________________________________]

[SERVER NAME]

Address: [___________________]

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

[________________________________]

Notary Public — State of West Virginia

(My Commission Expires: [_______________])

12. WEST VIRGINIA PRACTICE NOTES

• No URLTA, no statutory pay-or-quit period. West Virginia has not adopted the Uniform Residential Landlord and Tenant Act. There is no codified minimum notice period for nonpayment of rent. The lease controls, with W. Va. Code § 37-6-5 expressly deferring to special-agreement clauses.
• Forfeiture clause is essential. At common law, a landlord may not declare a lease forfeited for nonpayment of rent unless the lease contains an express forfeiture / re-entry clause AND a proper demand has been made. Confirm Lease § [___] before relying on this notice.
• Wrongful Occupation Act controls residential evictions. W. Va. Code §§ 55-3A-1 to 55-3A-3 provide the modern summary remedy. The older Forcible Entry and Detainer statute (W. Va. Code §§ 55-3-1 et seq.) remains on the books for certain non-residential and illegal-possession scenarios.
• Magistrate Court limit. $10,000 per W. Va. Code § 50-2-1 (raised from $5,000 effective 2008; current limit confirmed). Above that, file in Circuit Court. Note: title disputes must go to Circuit Court regardless of amount.
• Hearing schedule. Once a § 55-3A-1 petition is filed, the court must hold the hearing not less than 5 nor more than 10 judicial days after filing.
• Tenant's habitability defense. Under Teller v. McCoy, 162 W. Va. 367 (1978), a tenant may defend a nonpayment eviction by proving breach of the implied warranty of habitability. The duty is also codified at W. Va. Code § 37-6-30. The warranty is non-waivable as against public policy.
• Retaliation defense. Although WV has no statutory anti-retaliation provision for residential tenants, Imperial Colliery Co. v. Fout, 179 W. Va. 776 (1988), recognizes a common-law retaliatory-eviction defense, but only where the tenant's protected activity is "incidental to the tenancy" (e.g., reporting code violations).
• Security deposit setoff. A tenant may attempt to offset arrearage with a properly preserved security-deposit claim under W. Va. Code § 37-6A-2 (60-day return / 1.5x penalty).
• Self-help is barred. Lockouts, utility shut-offs, and removal of tenant property without a court order are not permitted under WV common law and may give rise to tort claims for trespass and conversion.
• Pay-and-stay practice. Most WV magistrate courts permit a tenant to defeat a nonpayment petition by tendering all back rent, late fees, and court costs before the hearing.

13. SOURCES AND REFERENCES

• W. Va. Code § 55-3A-1 (Petition for Summary Relief) — https://code.wvlegislature.gov/55-3A-1/
• W. Va. Code § 55-3A-2 (Hearing) — https://code.wvlegislature.gov/55-3A-2/
• W. Va. Code § 55-3A-3 (Judgment; appeal) — https://code.wvlegislature.gov/55-3A-3/
• W. Va. Code § 37-6-5 (Notice to Terminate Tenancy) — https://code.wvlegislature.gov/37-6-5/
• W. Va. Code § 37-6-30 (Duty to deliver and maintain in fit and habitable condition) — https://code.wvlegislature.gov/37-6-30/
• W. Va. Code § 37-6A-2 (Security deposits) — https://code.wvlegislature.gov/37-6A-2/
• W. Va. Code § 50-2-1 (Magistrate Court civil jurisdiction)
• 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/
• HUD Handbook 4350.3 (subsidized housing pretermination notices)

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 use. West Virginia has not adopted URLTA, and many landlord-tenant rules turn on lease language and common law; verify all authorities and lease provisions before serving this notice.