How to evict a tenant in West Virginia: the Article 3A petition

What goes in the West Virginia petition?

West Virginia Code 55-3A-1 lets a person who wants to remove a tenant from residential rental property apply to the magistrate court or the circuit court of the county where the property is, by verified petition. The petition says the filer is the owner or the owner's agent with a right to possession, describes the property, states that the tenant is wrongfully occupying it because rent is in arrears, a warranty or leasehold covenant was breached, or the tenant deliberately or negligently damaged the property or knowingly allowed someone else to, describes the arrearage, breach or act, and asks for possession.

When is the hearing and how is the tenant told?

After filing, the court schedules a hearing not less than five nor more than ten judicial days later (55-3A-1(b)). As soon as you know the time and place, you serve a notice of the hearing under Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. The notice tells the tenant that a written defense may be filed and served on you within five days of receiving it. When the return of service or receipt comes back, you file the petition and proof of service with the court.

Section 55-3A-2 lets the tenant raise any defense available in an ejectment or unlawful detainer action. In a rent case the tenant may answer that the landlord breached a material covenant on which the duty to pay rent depends, and the court then holds a hearing on that issue (55-3A-3(b)).

Example a made-up landlord files the petition on Monday, December 7, 2026. The hearing may be set no earlier than the fifth judicial day, Monday, December 14, and no later than the tenth, Monday, December 21. If the tenant receives the notice on Wednesday, December 9, a written defense is due within five days of that receipt.

What does the court order, and how is it enforced?

If the tenant has not appeared or answered by the hearing, the court enters an order granting you immediate possession, and it may also make a finding on the rent owed (55-3A-3(a) and (e)). If the tenant contests, the court holds a hearing on the issues, and a continuance is for cause only, not as of right; a tenant who gets one must pay into court the rent that falls due during the delay (55-3A-3(d)).

The order must say when the tenant is to vacate, with the court weighing whether the unit is furnished, the relative harm to each side and other relevant facts. If the tenant stays past that time, the sheriff removes the tenant right away, taking precautions to guard against damage to both sides' property (55-3A-3(f)). If the tenant wins an appeal after the lease term has expired, relief is limited to money damages and does not put the tenant back in the unit, absent a title issue, retaliatory eviction or breach of warranty (55-3A-3(g)).

What may you do with belongings left in the unit?

Under 55-3A-3(h), if the tenant has not removed everything by the date and time in the order, you may dispose of property without liability if the tenant tells you in writing it is abandoned or if it is garbage. You may also remove and store it, and dispose of it after thirty days if the tenant has not paid reasonable storage and removal costs or taken possession, or if storage costs equal its value. Or you may leave it on the property, with the same thirty days. Under subsection (i), property worth more than $300 must be stored for up to thirty additional days under the conditions that subsection sets.

What about ending a tenancy without a petition, and what trips landlords up?

Section 37-6-5 covers notice to end a tenancy. A year-to-year tenancy ends with written notice at least three months before the end of any year. A periodic tenancy shorter than a year ends by like notice or by notice for one full period before the end of a period. The section yields to a special agreement that fixes another notice period or none, and no notice is needed from or to a tenant whose term ends on a fixed date.

• Counting calendar days when the statute counts judicial days for the hearing window.
• Skipping proof of service before filing the petition and return with the court.
• Disposing of stored property before the thirty days have run, or ignoring the $300 threshold in subsection (i).

Where does DoorKeeping fit?

DoorKeeping keeps each property's lease, rent ledger and the notices you send together, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. Check the current statute and your court's local rules, and talk to a local attorney if the case is contested.

Sources

1. W. Va. Code 55-3A-1, Petition for summary relief for wrongful occupation of residential rental property (West Virginia Legislature), read Oct 30, 2026
2. W. Va. Code 55-3A-2 and 55-3A-3, Defenses; proceedings in court; abandoned property (West Virginia Legislature), read Oct 30, 2026
3. W. Va. Code 37-6-5, Notice to terminate tenancy (West Virginia Legislature), read Oct 30, 2026

Questions

Which courts hear a West Virginia eviction petition?

The magistrate court or the circuit court of the county where the property is (55-3A-1).

How soon is the hearing in a West Virginia eviction?

Not less than five nor more than ten judicial days after the petition is filed (55-3A-1(b)).

Does a West Virginia tenant have to answer?

A written defense may be filed and served within five days of receiving the hearing notice; with no response by the hearing, the court grants immediate possession (55-3A-1 and 55-3A-3).