West Virginia Eviction Notice (2026)

Notice to pay rent or quit, cure a violation or vacate — with your state's exact notice period, statutory wording, day counting and service rules.

Updated September 2026≈ 6 minReviewed against W. Va. Code § 55-3A-1

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What you'll get

Sample first page of the Eviction Notice. Your answers fill in the blanks; the clauses required in West Virginia are added automatically.

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What this document covers

Reason: nonpayment, lease violation or unconditional quit
State notice period and day counting
Tenants, occupants and premises
Amount past due and rental periods
Where, when and how rent may be paid
Description of the violation and how to cure
Statutory wording and bold notices your state requires
CARES Act 30-day rule for covered properties
Method of service permitted in your state
Proof of service for the court

West Virginia rules that this document follows

Nonpayment of rent	No statutory notice required — None required by statute (Petition for Summary Relief); lease notice if requiredSource: W. Va. Code § 55-3A-1 (no pre-filing notice required unless lease provides)
Lease violation	No statutory notice required — no statutory right to cureSource: W. Va. Code § 55-3A-1
Unconditional quit	No prior notice required — Nonpayment, breach of lease, or holdover — landlord may file immediatelySource: W. Va. Code § 55-3A-1
Permitted service methods	Personal delivery to the tenant; Delivery to a person of suitable age at the premises + first-class mail; Posting on the entry door + first-class mailSource: W. Va. Code § 55-3A-1(b) (petition served by sheriff or certified mail; posting and mailing if tenant cannot be found)
Statute	W. Va. Code Ch. 55, Art. 3A (Remedies for Wrongful Occupation of Residential Rental Property)

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Eviction Notice in West Virginia

Serve the notice exactly as West Virginia law allows and count the days from the day of service — the deadline is the first thing a judge checks; this generator does the counting for you. Do not include late fees in a pay-or-quit amount unless your state permits it. If the tenant pays the full amount in time, the notice is satisfied.

Keep a copy of the notice and the signed proof of service; you will attach both to the court complaint if the tenant does not comply.

Frequently asked questions

How many days' notice for nonpayment of rent in West Virginia?

No statutory notice is required (None required by statute (Petition for Summary Relief); lease notice if required), W. Va. Code § 55-3A-1. Properties covered by the CARES Act require at least 30 days.

How must the notice be delivered?

Personal delivery to the tenant; Delivery to a person of suitable age at the premises + first-class mail; Posting on the entry door + first-class mail. W. Va. Code § 55-3A-1(b). Keep the completed proof of service — the court will ask for it.

Can I change the locks or shut off utilities instead?

No. Self-help eviction is illegal in every state and exposes the landlord to damages. After the notice period expires you must file an eviction case in court.

Other names

notice to quit
pay or quit notice
3 day notice
notice to vacate
eviction letter
notice to cure or quit
late rent notice
demand for possession

Other states

FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.