Does West Virginia require just-cause for eviction?

West Virginia does not have a just-cause eviction statute. Landlords may evict at lease end without cause, but must follow §55-3A court procedures for current tenants.

Can a city add stronger eviction protections?

The §55-3A procedural framework applies statewide. While cities may not alter court procedures, they generally cannot impose substantive just-cause requirements without state authorization.

Can a landlord lock out a tenant?

No. Self-help eviction including lockouts and utility shutoffs is prohibited statewide. Landlords must obtain a court order and writ of possession.

West Virginia Just Cause Eviction Law (2026)

Key Facts

Governing statute: WV Code §55-3A
Pre-suit notice: Not required by state
Hearing timeline: 5-10 judicial days
Tenant answer deadline: 5 days
Self-help eviction: Prohibited statewide

Source: West Virginia Legislature

Full Breakdown

West Virginia governs landlord-tenant evictions through a uniform state statute, WV Code §55-3A-1 et seq., known as the Wrongful Occupation of Residential Rental Property statute. Landlords may evict for nonpayment of rent, breach of lease, or wrongful occupation. State law does not require pre-suit written notice to file, though notice is recommended. Landlords petition magistrate or circuit court, which schedules a hearing five to ten judicial days after filing. Tenants must answer within five days. The procedural framework, hearing timelines, and writ of possession enforcement apply uniformly statewide. Self-help eviction (lockouts, utility shutoffs) is universally prohibited under WV Code §55-3A-3.

Violations & Penalties

Self-help eviction violates WV Code §55-3A-3 and may result in tenant damages, attorney fees, and reinstated possession.

West Virginia Statewide Eviction Procedure Under §55-3A

Key Facts

Full Breakdown

Violations & Penalties

Frequently Asked Questions

Sources

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