Eviction Notice (Wrongful Occupation) in West Virginia

Federal & State Law Editorial TeamLast reviewed: April 2026

West Virginia Requirements

  • No notice required for nonpayment
  • 30-day notice for month-to-month
  • File petition in Magistrate Court
  • Service per court rules
Filing Location

Magistrate Court

Filing Fee

Approximately $35–$50

Statute Reference

W. Va. Code § 55-3A-1

How to Complete This Form

  1. 1Determine the legal ground for eviction (nonpayment, lease violation, or tenancy termination).
  2. 2Prepare the appropriate notice form using your state's required format and time period.
  3. 3Include all required information: tenant name, property address, reason for eviction, and cure period (if applicable).
  4. 4Serve the notice on the tenant using a method authorized by your state (personal service, posting, or certified mail).
  5. 5Wait for the notice period to expire before filing an eviction lawsuit.
  6. 6If the tenant does not comply, file the eviction complaint with the appropriate court and pay the filing fee.
  7. 7Attend the court hearing with copies of the lease, notice, and proof of service.

Download Form Template

Download a template for the Eviction Notice (Wrongful Occupation) customized with West Virginia-specific requirements and instructions.

Eviction Notice (Wrongful Occupation) in Other States

Other Forms in West Virginia

When to Talk to a Lawyer

  • The tenant has raised habitability concerns, discrimination claims, or other defenses to eviction.
  • You are subject to local rent control or just cause eviction ordinances that impose additional requirements.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.