West Virginia Eviction Notice

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

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West Virginia rules that this document follows

Nonpayment of rentsee statute — 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 violationsee statute — no right to cureSource: W. Va. Code § 55-3A-1
Permitted service methodspersonal, substituted, posting and mailingSource: W. Va. Code § 55-3A-1(b) (petition served by sheriff or certified mail; posting and mailing if tenant cannot be found)
StatuteW. Va. Code Ch. 55, Art. 3A (Remedies for Wrongful Occupation of Residential Rental Property)

Rules current as of 2026-09-07. 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 correctly — the deadline is the first thing a judge checks. 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?

See W. Va. Code Ch. 55, Art. 3A (Remedies for Wrongful Occupation of Residential Rental Property). Properties covered by the CARES Act require at least 30 days.

How must the notice be delivered?

personal, substituted, posting and mailing. W. Va. Code § 55-3A-1(b) (petition served by sheriff or certified mail; posting and mailing if tenant cannot be found) 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.

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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.