AI West Virginia Eviction Notice

Generate a complete, legally compliant West Virginia eviction notice in minutes, enter the tenant name, grounds for eviction, amounts owed, and property address, and receive a finished notice with the correct notice type, statutory cure period, itemized amounts, and proof-of-service block., -

Overview, West Virginia Eviction Law

West Virginia eviction notices are governed primarily by the West Virginia Residential Landlord and Tenant Act, W. Va. Code §§ 37-6-1 through 37-6-30 (as of June 2026), and the Summary Eviction statute, W. Va. Code §§ 55-3A-1 through 55-3A-7 (as of June 2026). A notice to the tenant is the mandatory first step before any court filing. Serving a notice does not by itself evict the tenant, if the tenant does not comply, the landlord must file a complaint in the appropriate court (Magistrate Court for claims under $10,000 or possession only; Circuit Court for larger monetary claims).

Notice types recognized in West Virginia:

NOTICE A, 5-Day Notice to Pay Rent or Quit (Non-Payment of Rent)

*(Use when tenant has not paid rent by the due date. Under W. Va. Code § 37-6-19, a landlord may terminate the rental agreement for non-payment of rent. Tenant must receive written notice of the amount owed and an opportunity to pay before court action commences.)*, -

NOTICE TO PAY RENT OR QUIT
*(West Virginia, Five-Day Notice Pursuant to W. Va. Code § 37-6-19)*

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
All other occupants residing at:
[[Rental Property Street Address]], [[City]], West Virginia [[ZIP Code]]
(the "Premises")

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address]]
[[Landlord City, State, ZIP]]
[[Landlord Phone Number]]
[[Landlord Email Address]], -

I. NOTICE OF RENT DUE

PLEASE TAKE NOTICE that, pursuant to W. Va. Code § 37-6-19, you are hereby notified that you are in default of your rental agreement dated [[Lease Agreement Date]] (the "Rental Agreement") for the Premises described above by failing to pay rent when due.

The following amounts are past due and owing as of the date of this notice:

> West Virginia Law, Rent Only: This notice demands rent only. Late fees, utility charges, or other charges that are not defined as "rent" under the Rental Agreement may not be included in this demand. Including non-rent charges can invalidate the notice or reduce the amount recoverable. W. Va. Code § 37-6-19 authorizes termination solely for failure to pay rent as defined in the Rental Agreement., -

II. DEMAND AND DEADLINE

WITHIN FIVE (5) DAYS after service of this notice (not counting the day of service), you must choose one of the following options:

OPTION 1, PAY IN FULL: Pay the entire amount of $[[Total Rent Owed]] in certified funds (cashier's check, money order, or other method specified in the Rental Agreement) delivered to:

> [[Landlord/Agent Name for Payment]]
> [[Payment Address, City, State, ZIP]]

Payment may also be made by: [[Accepted Payment Methods, e.g., wire transfer, Zelle, etc.]]

OPTION 2, VACATE THE PREMISES: Deliver possession of the Premises in clean condition, with all keys, parking passes, and access devices returned to Landlord at the address above.

DEADLINE: The five-day period expires at 11:59 p.m. on [[Deadline Date, count 5 calendar days, beginning the day after service]].

*Date computation example: If this notice is served on June 10, 2026, Day 1 is June 11, and the deadline is June 15, 2026. If the fifth day falls on a Sunday or a West Virginia state holiday, the deadline is extended to the next business day. W. Va. Code § 2-2-3.*, -

III. CONSEQUENCES OF NON-COMPLIANCE

If you neither pay the full amount owed nor vacate by the deadline, Landlord will file a complaint for unlawful detainer in the [[County Name]] County Magistrate Court (or Circuit Court, if applicable) pursuant to W. Va. Code §§ 55-3A-1 through 55-3A-7. If Landlord prevails, the court may order:

• Restitution of the Premises (a court-ordered eviction);
• A judgment for all unpaid rent through the date of judgment;
• Court costs and, if authorized by the Rental Agreement, reasonable attorney's fees;
• Any other relief allowed by West Virginia law.

This notice is not self-help. Landlord will not change locks, remove doors, shut off utilities, or take any other self-help action to recover possession. Only a Sheriff executing a court-issued Writ of Possession may physically remove a tenant. Self-help eviction is unlawful under West Virginia law. *W. Va. Code § 55-3A-4.*, -

IV. EFFECT OF PARTIAL PAYMENT

Acceptance of a partial payment after service of this notice does not waive Landlord's rights under this notice or the Rental Agreement unless Landlord provides written confirmation of waiver. A partial payment that does not satisfy the full amount owed will be applied to the oldest unpaid rent balance and does not cancel or extend the deadline in this notice., -

NOTICE B, 30-Day Notice to Cure Lease Violation or Quit

*(Use when tenant has materially breached the Rental Agreement in a curable manner, e.g., unauthorized occupants, unauthorized pet, failure to maintain the premises, or similar violations. W. Va. Code § 37-6-18(a) requires the landlord to give the tenant 30 days' written notice to remedy the breach before termination.)*, -

NOTICE TO CURE LEASE VIOLATION OR QUIT
*(West Virginia, Thirty-Day Notice Pursuant to W. Va. Code § 37-6-18(a))*

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
All other occupants at:
[[Rental Property Street Address]], [[City]], West Virginia [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address, City, State, ZIP]], -

I. DESCRIPTION OF BREACH

PLEASE TAKE NOTICE that, pursuant to W. Va. Code § 37-6-18(a), you are in material breach of your Rental Agreement dated [[Lease Agreement Date]] for the Premises described above for the following reason(s):

Nature of Breach: [[Describe the specific lease violation in detail, e.g., "Tenant has kept an unauthorized dog on the Premises in violation of Section 12 of the Rental Agreement, which prohibits pets without prior written consent of Landlord. Landlord observed the dog on [[Date(s) of Observation]]."]]

Lease Section(s) Violated: [[Applicable Lease Sections and/or W. Va. Code Provision(s)]]

Date(s) of Violation: [[Date(s) When Violation Was First Observed or Occurred]], -

II. DEMAND TO CURE OR QUIT

You have THIRTY (30) DAYS from the date of service of this notice to:

OPTION 1, CURE: Fully remedy the breach described above by:

> [[Specific curative action required, e.g., "Remove the unauthorized animal from the Premises and provide Landlord with written confirmation that the animal has been permanently removed."]]

Proof of cure must be delivered to Landlord at the address above no later than [[Cure Deadline Date, 30 days after service]].

OPTION 2, QUIT: Deliver up possession of the Premises, with all keys, remotes, and access devices, to Landlord by the same deadline., -

III. CONSEQUENCES OF NON-COMPLIANCE

If you neither cure the breach nor vacate by [[Cure Deadline Date]], the Rental Agreement will be deemed terminated and Landlord will immediately file for unlawful detainer in [[County Name]] County Magistrate Court under W. Va. Code § 55-3A-1 et seq., -

NOTICE C, Unconditional Notice to Quit (Incurable or Repeat Violation)

*(Use when: (1) the breach is not curable by its nature, e.g., criminal activity, serious destruction of property, or an act that endangers others; or (2) the tenant has committed substantially the same violation for which a prior cure notice was served within the preceding 6 months. W. Va. Code § 37-6-18(b).)*, -

UNCONDITIONAL NOTICE TO QUIT
*(West Virginia, Incurable or Repeat Violation Pursuant to W. Va. Code § 37-6-18(b))*

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
All other occupants at:
[[Rental Property Street Address]], [[City]], West Virginia [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address, City, State, ZIP]], -

I. BASIS FOR UNCONDITIONAL TERMINATION

PLEASE TAKE NOTICE that, pursuant to W. Va. Code § 37-6-18(b), your Rental Agreement for the Premises is hereby terminated for the following reason(s), *check all that apply*:

☐ Incurable Breach: The breach described below is not capable of being remedied:

> [[Describe the incurable breach, e.g., "Tenant has engaged in illegal drug activity on the Premises on or about [[Date(s)]], which constitutes a material and irreparable breach of the Rental Agreement and applicable law, and which endangers the health and safety of other residents."]]

☐ Repeat Violation: Tenant has committed substantially the same violation for which a prior Notice to Cure was previously served on [[Prior Notice Date]]:

> [[Describe the repeat violation and its similarity to the prior noticed violation.]], -

II. DEMAND TO VACATE

You are required to VACATE AND SURRENDER POSSESSION of the Premises, including all keys and access devices, within [[30]] days from service of this notice, by no later than [[Vacate Deadline Date]].

No opportunity to cure is provided under this notice. Failure to vacate by the deadline will result in Landlord's immediate filing for unlawful detainer in [[County Name]] County Magistrate Court under W. Va. Code § 55-3A-1 et seq., -

NOTICE D, 30-Day Notice of Termination (Month-to-Month / No-Cause)

*(Use to terminate a month-to-month tenancy without cause, or to give notice of non-renewal at the expiration of a fixed-term lease. W. Va. Code § 37-6-5 requires at least one month's written notice prior to the next rent-paying date.)*, -

NOTICE OF TERMINATION OF TENANCY
*(West Virginia, Thirty-Day No-Cause Notice Pursuant to W. Va. Code § 37-6-5)*

Date of Notice: [[Date of Notice]]

TO: [[Tenant Full Legal Name(s)]]
All other occupants at:
[[Rental Property Street Address]], [[City]], West Virginia [[ZIP Code]]

FROM: [[Landlord or Authorized Agent Full Name]]
[[Landlord Mailing Address, City, State, ZIP]], -

I. NOTICE OF TERMINATION

PLEASE TAKE NOTICE that, pursuant to W. Va. Code § 37-6-5, your month-to-month tenancy at the above Premises is hereby terminated, effective the end of the rental period following thirty (30) days from service of this notice, no earlier than [[Termination Date, must fall on or after the next rent-paying date following 30 days from service]].

Your tenancy began on [[Original Tenancy Start Date]] and has been operating on a month-to-month basis since [[Month-to-Month Start Date]], with rent due on the [[Rent Due Day, e.g., 1st]] of each calendar month., -

II. DEMAND TO VACATE

You must vacate and surrender possession of the Premises by [[Termination Date]]. Leave the Premises in broom-clean condition, remove all personal property, repair any damage caused by you or your guests beyond ordinary wear and tear, and return all keys, garage openers, mailbox keys, parking passes, and access devices to Landlord at the address above.

This notice is not based on any alleged wrongdoing by you. It is a lawful termination of a month-to-month tenancy pursuant to West Virginia law., -

PART II, LANDLORD AND PREMISES INFORMATION (All Notice Types)

Landlord / Authorized Agent: [[Landlord or Property Management Company Full Legal Name]]
Mailing Address: [[Landlord Mailing Address, City, State, ZIP]]
Phone: [[Landlord Phone Number]]
Email: [[Landlord Email Address]]

Rental Property (Premises): [[Full Property Address including Unit Number if applicable]], [[City]], [[County]] County, West Virginia [[ZIP Code]]

Lease Agreement Date: [[Date Lease Was Executed]]
Monthly Rent Amount: $[[Monthly Rent Amount]]
Rent Due Date: The [[Rent Due Day, e.g., 1st]] of each calendar month

Authorized Agent Serving Notice (if different from Landlord):
Name: [[Agent Full Name]]
Title: [[Agent Title, e.g., Property Manager]]
Agency: [[Agency or Property Management Company Name, if applicable]]
Address: [[Agent Address, City, State, ZIP]], -

PART III, SIGNATURE BLOCK

The undersigned Landlord (or duly authorized agent) certifies under penalty of perjury that the information contained in this Notice is true and correct to the best of their knowledge.

Landlord / Authorized Agent: [[Landlord or Authorized Agent Full Name]]

Signature: _______________________________________________

Printed Name: [[Landlord or Authorized Agent Full Name]]

Title: [[Owner / Property Manager / Authorized Agent]]

Date Signed: [[Date Signed]], -

PART IV, PROOF OF SERVICE

West Virginia courts require proof that the tenant was properly served with the eviction notice before an unlawful detainer action may proceed. *W. Va. Code § 55-3A-2.* Complete one of the three methods below and retain the original certificate with the tenancy file.

Authorized Service Methods

1. Personal Service: Delivering the notice directly to the tenant, or to another adult member of the tenant's household residing at the Premises.
2. Substituted Service (Posting and Mailing): If after a good-faith attempt personal service cannot be made, tacking or posting the notice conspicuously on the main entry door of the Premises and mailing a copy by first-class mail to the Premises address on the same day.
3. Certified Mail: Sending the notice by U.S. Certified Mail, Return Receipt Requested, addressed to the tenant at the Premises address.

> Best Practice: Serve by personal delivery and send a certified-mail copy on the same date. Retain the USPS green return-receipt card (or the tracking printout showing delivery) as evidence. This creates a record that courts consider reliable proof of service., -

CERTIFICATE OF SERVICE, METHOD 1: PERSONAL SERVICE

I, [[Server Full Name]], declare under penalty of perjury that on [[Date of Service]] at approximately [[Time of Service]], I personally served the foregoing Notice upon:

☐ [[Tenant Full Legal Name]], the tenant named in the Notice, at the Premises located at [[Rental Property Street Address]], [[City]], West Virginia [[ZIP Code]].

☐ [[Name of Adult Occupant]], a person of suitable age and discretion residing at the Premises, because the tenant was not then present.

Description of the person served (if not tenant): [[Height / approximate age / other identifying description]]

Signed: _______________________________________________
Printed Name: [[Server Full Name]]
Relationship to Landlord: [[Owner / Agent / Employee]]
Date: [[Date Signed]]
Server's Address: [[Server's Address, City, State, ZIP]], -

CERTIFICATE OF SERVICE, METHOD 2: POSTING AND MAILING (Substituted Service)

I, [[Server Full Name]], declare under penalty of perjury that:

1. On [[Date of Attempted Personal Service]] at approximately [[Time]], I attempted personal delivery at the Premises but was unable to serve the tenant or any adult household member.

2. On [[Date of Posting and Mailing, must be same date]], I affixed a true copy of the Notice conspicuously to the main entry door of the Premises at [[Rental Property Street Address]], [[City]], West Virginia.

3. On that same date, I deposited a true copy of the Notice in the U.S. Mail, first-class, postage prepaid, enclosed in a sealed envelope addressed to:
[[Tenant Full Legal Name(s)]]
[[Rental Property Street Address]]
[[City]], West Virginia [[ZIP Code]]

Signed: _______________________________________________
Printed Name: [[Server Full Name]]
Date: [[Date Signed]]
Server's Address: [[Server's Address, City, State, ZIP]], -

CERTIFICATE OF SERVICE, METHOD 3: CERTIFIED MAIL

I, [[Landlord or Agent Full Name]], declare under penalty of perjury that on [[Date of Mailing]], I deposited a true copy of the foregoing Notice in the U.S. Mail by Certified Mail, Return Receipt Requested (USPS Article / Tracking Number: [[USPS Tracking Number]]), addressed to:

[[Tenant Full Legal Name(s)]]
[[Rental Property Street Address]]
[[City]], West Virginia [[ZIP Code]]

The green Return Receipt card (USPS Form 3811) bearing the signature of the recipient (or a notation of refusal or non-delivery) is attached hereto as Exhibit A.

Signed: _______________________________________________
Printed Name: [[Landlord or Agent Full Name]]
Date: [[Date Signed]], -

PART V, LANDLORD GUIDANCE AND COMMON MISTAKES TO AVOID

1. Court Filing Is Required to Evict.
This Notice is a mandatory prerequisite, it does not evict the tenant. If the tenant does not comply, the landlord must file a Complaint for Summary Eviction in the [[County Name]] County Magistrate Court under W. Va. Code §§ 55-3A-1 through 55-3A-7. The Magistrate Court has jurisdiction over evictions and small claims under $10,000. Circuit Court handles larger monetary claims.

2. No Self-Help Eviction, Ever.
Changing locks, removing belongings, cutting off utilities, or any other self-help action to force a tenant to leave is strictly prohibited. Only a Sheriff or law-enforcement officer executing a court-issued Writ of Possession may physically remove a tenant. W. Va. Code § 55-3A-4. Violations expose the landlord to damages and liability.

3. Demand Rent Only in a Pay-or-Quit Notice.
The 5-day demand for non-payment may include only rent as defined in the Rental Agreement. Late fees, utility reimbursements, and other contractually distinct charges must not be included. Courts can dismiss or modify a notice that demands non-rent amounts.

4. Count Days Carefully.
Do not count the day of service as Day 1. Count the following day as Day 1. If the final day falls on a Sunday or a West Virginia state holiday, extend to the next business day. *W. Va. Code § 2-2-3.*

5. Retaliatory and Discriminatory Notices Are Unlawful.
An eviction notice served in retaliation for a tenant exercising lawful rights (e.g., reporting habitability issues, contacting code enforcement) or served on a discriminatory basis (race, color, religion, sex, national origin, disability, familial status, or any other class protected by the West Virginia Human Rights Act, W. Va. Code § 5-11A-1 et seq., or the federal Fair Housing Act, 42 U.S.C. § 3601 et seq.) is void and exposes the landlord to significant liability.

6. Domestic Violence Protections.
A tenant who is a victim of domestic violence, sexual assault, or stalking may have special rights under West Virginia law and federal law, including grounds to terminate a lease or assert a defense to eviction. If domestic violence is a factor, consult a licensed attorney before proceeding.

7. Servicemembers Civil Relief Act (SCRA).
Active-duty military service members may be entitled to stays of eviction and other protections under the federal SCRA, 50 U.S.C. §§ 3901 et seq. Verify tenant's military status via the SCRA website (scra.dmdc.osd.mil) before serving notice.

8. Retain a Complete Tenancy File.
Before the hearing, gather: the executed Rental Agreement, the full rent ledger, all prior notices served, this Notice with completed Proof of Service, any photographs of lease violations, and any written communications with the tenant. Courts expect documentary evidence., -

PART VI, STATUTORY REFERENCE TABLE

*All citations are to the West Virginia Code as in effect as of June 2026.*, -

PART VII, PRE-FILING CHECKLIST

Use this checklist to confirm the notice is complete and the file is ready before filing a court action:

• [ ] Correct notice type selected for the specific breach (Pay-or-Quit, Cure-or-Quit, Unconditional Quit, or No-Cause)
• [ ] All tenant names match the Rental Agreement exactly
• [ ] Premises address is complete and correct (street, unit, city, county, ZIP)
• [ ] Rent amount demanded is rent only, no late fees, utilities, or other non-rent items included
• [ ] Five-day or thirty-day period computed correctly from the date of service
• [ ] Deadline date verified not to fall on a Sunday or state holiday; extended to next business day if needed
• [ ] Notice signed by Landlord or duly authorized agent
• [ ] Notice served by an authorized method (personal, posting + mailing, or certified mail)
• [ ] Certificate of Service / Proof of Service completed and signed
• [ ] Copy of the executed Rental Agreement available for court
• [ ] Rent ledger showing full payment history available for court
• [ ] If certified mail: green return-receipt card retained or USPS tracking confirmation printed
• [ ] Notice period has fully expired before filing court complaint
• [ ] Filing fee prepared for Magistrate Court ([[Current Magistrate Court Filing Fee, check [[County Name]] County Magistrate Court]])
• [ ] SCRA check completed if tenant may be an active-duty service member, -

Sources and Citations

• West Virginia Residential Landlord and Tenant Act, W. Va. Code §§ 37-6-1 through 37-6-30 (as of June 2026)
• West Virginia Summary Eviction Statute, W. Va. Code §§ 55-3A-1 through 55-3A-7 (as of June 2026)
• West Virginia Code § 2-2-3, Computation of Time (as of June 2026)
• West Virginia Human Rights Act, W. Va. Code § 5-11A-1 et seq. (as of June 2026)
• Federal Fair Housing Act, 42 U.S.C. § 3601 et seq. (as of June 2026)
• Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901 et seq. (as of June 2026), -

> Template, not professional advice. Consult a licensed real estate attorney. This document is a general template for informational purposes only and does not constitute legal advice. West Virginia eviction laws are complex and jurisdiction-specific; statutory requirements may change. Verify all notice periods, service methods, and procedural requirements with a licensed West Virginia real estate attorney before serving any eviction notice or initiating any court action. As of June 2026.