Being Evicted
W. Va. Code § 55-3A-1 — a petition, a hearing five to ten judicial days later, and five days for a written defense
A landlord files a verified petition in magistrate or circuit court saying the tenant is behind in rent, has breached the lease, or has damaged the property, and asking for possession.
Five to ten judicial days. The court sets a hearing not less than five nor more than 10 judicial days after the petition is filed. The tenant's notice says any written defense may be filed and served within five days of receiving it.
Not answering loses the case. If the tenant has filed no appearance or answer by the hearing, the court orders immediate possession to the landlord.
- Any defense to ejectment or unlawful detainer may be raised.
- Against a claim for rent, the landlord's breach of a duty the rent depends on.
- A continuance is given only for cause, and a tenant who gets one pays the rent that comes due into court.
An order for the landlord sets the time to leave, considering whether the place is furnished and the harm to each side, and says the sheriff removes a tenant who stays past it.
A tenant who wins on appeal after the lease term ended gets money, not the place back, except in a case of title, retaliatory eviction or breach of warranty. A particular case is a question for a licensed West Virginia attorney.
Sources for this section (3)
- W. Va. Code § 55-3A-1 — Petition for summary relief for wrongful occupation of residential rental property
- W. Va. Code § 55-3A-2 — Defenses available
- W. Va. Code § 55-3A-3 — Proceedings in court; final order; disposition of abandoned personal property
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.