How Long Does the Eviction Process Take in West Virginia? Timelines and Court Costs

When a tenant stops paying rent or violates their lease in Charleston, Morgantown, or Huntington, a landlord's first question is usually: 'How fast can I get my property back?' In West Virginia, evictions are formally known as 'Wrongful Occupation' or 'Unlawful Detainer' cases. The process is designed to be relatively swift, but navigating the local Magistrate Court requires strict attention to detail. Any mistake on the paperwork can cause your case to be thrown out, forcing you to start over and lose more rental income. Whether you are a property owner or a tenant facing removal, understanding the exact timeline and potential roadblocks is essential. You can easily find a knowledgeable local lawyer in our directory to guide you through this process.

Step-by-Step Process in West Virginia

Whether you own property in Kanawha County, Monongalia County, or Cabell County, the eviction process generally follows the same strict legal steps outlined by state law. Self-help evictions-like changing the locks or shutting off the power-are highly illegal and can result in the landlord paying severe financial damages.

Step 1: Filing the Petition

The formal process begins when the landlord files a lawsuit. In West Virginia, you do not always need to send a warning notice for unpaid rent (unless the lease requires it). You can go directly to the local court, such as the Kanawha County Magistrate Court, Charleston or the Monongalia County Magistrate Court, Morgantown. The landlord will file Form MLTPTWR, West Virginia, Magistrate Court, Petition for Summary Relief: Wrongful Occupation of Residential Rental Property. This document explains to the judge exactly why the tenant should be removed.

Step 2: Serving the Tenant and the Initial Hearing

Upon filing the petition, the court schedules a hearing. Under W. Va. Code § 55-3A-1(b), this hearing must be set between 5 and 10 judicial days following the filing of the petition. Notice of the hearing and a copy of the petition are then legally served on the tenant by the county sheriff or a process server. Under W. Va. Code § 55-3A-1(c), the tenant has 5 days from receiving notice to file and serve any written defense. At the hearing, both sides present their evidence, such as payment receipts, photographs, or lease records. If the judge sides with the landlord, they will issue a formal order requiring the tenant to move out.

Step 3: The Writ of Possession

If the tenant loses the hearing but still refuses to leave, the landlord cannot physically remove them. Instead, the landlord must ask the court for a 'Writ of Possession.' This is a court order directed to the local Sheriff's Department. Once issued, the Sheriff will go to the property, give the tenant a final warning, and then physically remove them and change the locks if necessary.

Common Roadblocks and Delays

While the standard timeline is 3 to 6 weeks, certain legal procedures can drastically slow down an eviction.

Jury Trial Requests by Tenants

In West Virginia, a tenant has the constitutional right to request a jury trial. If the tenant files this request before the initial Magistrate Court hearing, the judge must delay the eviction. Coordinating a jury pool in a busy court like the Cabell County Magistrate Court, Huntington can add several weeks or even a month to the eviction timeline.

20-Day Appeals to Circuit Court

If the tenant loses the hearing in Magistrate Court, they are not completely out of options. Under W. Va. Code § 50-5-12, either party has exactly 20 days to appeal the magistrate's decision to the higher Circuit Court. If the tenant appeals, the eviction is paused. However, to stay in the home during the appeal, the tenant is usually required to pay their ongoing rent directly into the court's registry. If they miss a payment, the appeal may be dismissed, and the eviction will proceed.

Weather-Related Delays During Winter

West Virginia winters can be brutal. While there is no explicit state law banning winter evictions, local Sheriff's Departments have internal policies regarding safety. If there is a massive blizzard, sub-zero temperatures, or a declared state of emergency, the Sheriff may delay executing the Writ of Possession until the weather improves, ensuring that families are not thrown into life-threatening conditions.

How Much Does it Cost in West Virginia?

Evicting a tenant requires upfront capital. Landlords are responsible for paying the court filing fees, which generally run between $50 and $75 in Magistrate Court. There is also a fee of around $25 to $30 for the Sheriff to serve the lawsuit papers to the tenant.

Hiring a local attorney is highly recommended to prevent paperwork errors that could restart the clock. The average lawyer fees in West Virginia for a standard, uncontested eviction range from $500 to $1,500. If the tenant requests a jury trial or files a complicated appeal to the Circuit Court, these legal fees can rise significantly as the case requires more hours of litigation.

Frequently Asked Questions (FAQ)