Is a verbal eviction notice valid in West Virginia?

No. Eviction notices must be in writing. A verbal demand to leave is not legally enforceable and does not start any notice period.

Can I cure (fix) a lease violation to stop the eviction?

West Virginia does not require a cure period for lease violations. However, correcting the issue before the hearing may be relevant.

What happens if I ignore the eviction notice?

If you do not respond to the notice and do not appear at the hearing, the court will likely enter a default judgment against you. This can result in a writ of possession allowing the sheriff to remove you. Always respond to notices and attend hearings.

Can my landlord evict me without going to court?

No. A landlord must go through the summary eviction proceeding process. Self-help eviction is prohibited.

Topic guideUpdated 2026-02-27

West Virginia Eviction Notice — Deadlines & Responses

Notice types, timelines, and what to document.

Eviction in West Virginia begins with a written notice. The type of notice, the required waiting period, and whether you can fix the problem all depend on the reason for eviction.

Nonpayment of rent

Landlord serves written notice

The landlord must provide None days' written notice before filing for eviction.

No cure period

West Virginia does not require a cure period for nonpayment. Once the notice expires, the landlord can file for eviction.

Landlord files court action

If rent is not paid within the notice period, the landlord can file a summary eviction proceeding action. The hearing is typically set 5–10 judicial days days after filing.

Lease violations

For lease violations other than nonpayment, the landlord must provide None by statute days' written notice. No cure period is required.

Month-to-month termination

For month-to-month tenancies, either party can terminate with 30 days' written notice.

What makes a notice valid

Must be in writing
Must specify the reason for eviction
Must give the correct number of days
Must be properly served (methods vary — personal delivery, posting on door, mail)

⚠An Eviction notice that does not meet these requirements may be invalid. If you receive a notice that appears defective, this is a potential defense — but do not ignore the notice. Respond within the stated deadline while raising the defect.

What to do when you receive a notice

✓Read the notice carefully and note the deadline. Gather evidence (lease, rent receipts, photos, communications). If you believe the notice is improper or you have a defense, consult an attorney before the deadline expires.

Prepare for Your Consultation

Quick checklist (Landlord–Tenant)

Save photos / screenshots and write down dates.

Lease and payment history

(if relevant)

Photos or videos

of conditions

Notices, texts, emails

(with dates)

General preparation tips only. Lease terms and local practice matter.

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Common Questions

Frequently Asked Questions

General answers to common questions. Specific outcomes depend on your facts and timing.

If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.

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