Make a West Virginia Eviction Notice

What are the Components of a West Virginia Eviction Notice?

If a landlord chooses to issue a West Virginia eviction notice, it should include the following basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager

No Notice Required in West Virginia for Non-Compliance

West Virginia differs from most of the states because there is no real notice required for non-payment of rent, non-compliance with the lease or rental agreement, or for illegal or harmful activity. What this means is that landlords may immediately begin eviction procedures against the tenant if they violate the lease in any way (§ 55-3A-1).

West Virginia Lease Termination Letter – 1-Week for Week-to-Week Tenancy

When a tenant or a landlord wants to end a week-to-week tenancy, they can issue a one week notice to the other party according to § 37-6-5.

West Virginia Lease Termination Letter – 30 Day Notice for Month-to-Month Tenancy

If there is a month-to-month tenancy, the landlord or the tenant can, for any reason, issue the other a 30-day notice to end the tenancy according to § 37-6-5.

What are the Legal Considerations of a West Virginia Eviction Notice?

Although landlords may immediately file a lawsuit against the tenant for eviction, they must get a court order before they can change out the locks, shut off the utilities, or remove the property of the tenant from the premises. Additionally, landlords may not evict a tenant for reporting code violations or uninhabitable conditions to the housing authorities or evict the tenant because of their actual or perceived nationality, skin color, race, gender, disability, religion, or family status. If a landlord engages in an illegal eviction method, they may be sued by the tenant. The court could award financial damages to the tenant and fine the landlord for breaking state or federal law.

Eviction Information for West Virginia Tenants

The Attorney General has a comprehensive and easy to understand the list of tenant rights on its website. There is no state law that says how much time a landlord must give you to pay back rent or otherwise correct a violation. If you receive a notice, read it carefully. Contact your landlord if you have questions.

If you think that you’ve been victimized by an illegal eviction, contact a landlord-tenant lawyer to determine if you have a valid legal claim. You can also reach out to legal aid or a legal clinic being offered by a local law school to learn about what you can do to help yourself during the process.

Eviction Information for West Virginia Landlords

If you’re a West Virginia landlord, it is prudent to make an appointment with a landlord-tenant lawyer to learn about the eviction process as well as local housing laws. This can help protect you and your investment.