West Virginia Eviction Notice Forms

West Virginia eviction notice is a document that is drawn up upon termination of a rental agreement on a property. Even though this form of the document is optional upon the termination of the rental agreement, the eviction notice form will help to avoid financial risks and inconveniences for all participants in the rental act.

In West Virginia, an eviction notice is issued either in the event of termination of the monthly rental agreement of the property or in violation of the terms of the rental agreement of the property. In both cases, it is important to comply with all the rules for drawing up a notice of ejectment because, in the case of a court, this document can play a decisive role.

West Virginia Eviction Notice Form

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West Virginia Eviction Laws

If for any reason, you need to create a West Virginia eviction notice, we recommend that you carefully read the legal part of this matter. A responsible approach to the ejectment of renters will help you avoid potential problems associated with the act of terminating the rental agreement of the property. Below you will find a list of laws that govern the ejectment act for renters in the West Virginia area.

  • Failure to Pay Rent Or Violation of the Terms of Rent

Under West Virginia law §55-3A-1, in the event of non-payment of rent or breach of the rental agreement, the lessor is not required to issue an eviction notice. However, this is a recommended measure, as if renters fail to meet the ejectment deadlines, the case can be brought to court.

  • Termination of the Monthly Rental Agreement

If the renter or lessor intends to terminate the rental agreement, it is recommended that an Eviction Notice be issued 30 days or more in advance of the ejectment date, following West Virginia Law §37-6-5.

  • Rent Grace Period

No law in West Virginia regulates the act of deferring rent payments. However, the lessor is not required to remind renters of the rental payment deadline. If the renter does not pay the rent on time, the issue of ejectment will be considered following the terms of the rental agreement.

West Virginia Eviction Notice Laws Details

Rent Grace Period Not specified
Notice of Non-Payment Immediate
Notice of Non-Compliance Immediate
State Laws West Virginia Code, Sections 55-3A-1 to 55-3A-3

Eviction Notice Types Used in West Virginia

There are two versions of eviction notices in West Virginia. Before terminating the rental agreement and evicting renters, we recommend that you familiarize yourself with the different versions of eviction notices. Below you will find a description of two versions of eviction notice used in West Virginia.

Immediate Notice to Quit

It is a notice that the renter is obliged to leave the rented space. The reason for such a decision on the part of the lessor may be non-payment of the rental agreement, violation of the terms of renting the property, damage to property, or illegal actions of the renter.

The rental agreement notes that the renter has five days to challenge their ejectment. An eviction notice of this version should contain information about the nature of the reasons for the ejectment of renters.

Notice of Termination of a Monthly Rental Agreement

Monthly rental of property is one of the most common versions of rental of property in the United States. This is because a rental agreement of this version is renewed every month through the payment of the rent. It is convenient for both the lessor and the renter.

However, there may be reasons for canceling the monthly rental agreement. In such a case, the renter or lessor must issue an eviction notice at least one month before the date of the ejectment. If ejectment deadlines are violated, the forced ejectment case may be brought to court. That is why creating an eviction notice is an important step in terminating a monthly rental agreement.

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Eviction Process in West Virginia

If you face the task of evicting renters, you need to study the renter ejectment act in detail. Although West Virginia laws are not very strict about renter ejectment, there are several steps you need to follow to evict renters. Below you will find a step-by-step guide to evict renters in compliance with all West Virginia laws.

  • Select the Version of Eviction Notice

You need to choose one of two versions of the eviction notice. It can be immediate ejectment or 30-day notice before the date of ejectment. Although an eviction notice is not required when evicting renters, this document will help you win the court if renters do not leave the rental space on time.

  • Create an Eviction Notice

First, you need to download an eviction notice of the version you need; you can do this on our website. We recommend using our form-building software for the best results.

  • Deliver an Eviction Notice

The eviction notice must be delivered to the recipient as soon as it is completed to meet the deadline. It is worth noting that the renter will have five days to dispute the charges.

  • File a Complaint With the Court

If renters do not leave the rented property according to the terms, the lessor has the right to go to court. You will find information on the documents required for this in the next section of our article.

West Virginia Eviction Court Forms

Below you will find a list of the forms required to evict renters through the courts successfully.

  • Answer

This form of the document is for renters who receive a subpoena due to rental agreement violations. In this form, renters can rebut the allegations presented to them or plead guilty.

  • Writ of Possession

This form will be issued to the lessor if the court recognizes his ownership of the property. After this form is approved, the sheriff can forcibly evict renters.

  • Petition for Summary Relief

This form of a petition must be sent by the lessor to the court if the renter has violated the terms of the rental agreement.

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Published: May 15, 2022
Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.