Under West Virginia law your landlord is required to provide you with proper written notice in advance before attempting to evict you. The amount of notice required varies depending on whether or not there is a written lease. If there is a written lease or rental agreement, the landlord is required to provide at least the amount of notice stated in the lease.

Most tenants simply rent housing on a month-to-month basis without any written lease. In these cases, West Virginia law requires that landlords provide tenants with notice of eviction at least one full rental period in advance before the end of the preceding period. This means your landlord must notify you before your new monthly rental period begins in order to request that you leave by the end of the month.

For example, if your rent is due on the first day of the month, say on April 1, and if your landlord wants you to move out by the end of April, then the landlord must provide you with a notice of eviction on or before the last day in March. If your landlord provides you with the notice of eviction after you have already paid rent for the new monthly rental period, then the landlord cannot properly require that you move out until the end of the next month.

Even though West Virginia law requires landlords to provide proper notice in advance before attempting to evict tenants, in some cases the landlords can file a suit in court to evict tenants without providing any notice. If you are behind in your rent, then the landlord may go directly to court and file a suit to evict you without giving a written notice in advance. In addition, if you have violated some other provision of the lease, (for example, by having a pet without the landlord's consent) the landlord can also file a suit to evict you without providing a written notice in advance.

It is important for all tenants to realize that the most important right of all is that a landlord cannot evict you without first going through court, even if a written notice in advance is not required. In other words, a landlord cannot legally change the lock on your door, shut off your utilities, or take any other action to force you out of your rental housing without first going to court and proving to a judge or jury that he or she has the right to have you evicted. Once in court, you have the right to contest the eviction suit. You may also have the right to file your own suit against the landlord ( called a counterclaim). Defending the eviction suit and filing a counterclaim against the landlord is discussed elsewhere in the West Virginia handbook.

See also PDF brochure Legal Aid of West Virginia: Appeal For Possession

Distribution Courtesy of: Consumer Protection Division
Office of the West Virginia State Attorney General
Darrell V. McGraw, Jr.
State Attorney General
Telephone Number 1-304-558-8986
Toll Free Hotline Number 800-368-8808

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney.