The notices and their periods
- No statutory notice (nonpayment or breach) — for nonpayment, a lease violation, property damage, or illegal activity, West Virginia does not require a pre-suit notice — the landlord can file a Petition for Summary Relief (Wrongful Occupation) immediately (W. Va. Code § 55-3A-1). A courtesy notice is allowed but optional, and the lease may add its own requirement.
- No statutory cure period — there is no statutory right to cure a lease violation or pay overdue rent to stop the case, unless the lease provides one.
- 1-Month Notice (month-to-month) — to end a month-to-month tenancy without cause, one full month's written notice (W. Va. Code § 37-6-5); a year-to-year tenancy requires three months.
Ending a tenancy and serving notice
Only periodic tenancies require notice to end without cause: one month for month-to-month, one week for week-to-week, and three months for year-to-year (W. Va. Code § 37-6-5).
Wrongful-occupation cases are filed in magistrate court (or circuit court) and are known for moving very quickly — hearings are typically set within 5 to 10 days. Self-help eviction is illegal; only a sheriff can remove a tenant.
No notice required — a “rocket docket”
West Virginia is unusual: for nonpayment or a breach, the landlord can go straight to court with no advance notice and no cure period (W. Va. Code § 55-3A-1), and hearings are scheduled within days. Giving a courtesy notice is still good practice, and the lease itself may require one — but the statute does not.
Create a West Virginia eviction notice in 60 seconds
Your details filled in, the right notice period stated, delivery and confirmation handled.
Create My Letter — $9Common questions
Does West Virginia require notice before eviction for nonpayment?
No. For nonpayment or a lease breach, the landlord can file a Wrongful Occupation petition immediately (W. Va. Code § 55-3A-1) — though a courtesy notice is allowed and the lease may require one.
Is there a right to cure in West Virginia?
Not by statute. Unless the lease provides a cure period, the landlord isn't required to give the tenant a chance to pay or fix the problem.
How do I end a month-to-month tenancy in West Virginia?
Give one full month's written notice (W. Va. Code § 37-6-5); a year-to-year tenancy requires three months.
More notice types: Pay or Quit · Cure or Quit · Unconditional Quit · eviction notices overview. By state: California · Texas · Florida · New York · Illinois · Pennsylvania · Ohio · Georgia · North Carolina · Michigan · New Jersey · Virginia · Washington · Arizona · Massachusetts · Tennessee · Indiana · Missouri · Maryland · Wisconsin · Minnesota · South Carolina · Alabama · Louisiana · Kentucky · Oregon · Oklahoma · Connecticut · Utah · Nevada · Iowa · Arkansas · Mississippi · Kansas · New Mexico · Nebraska · Idaho · Colorado · Hawaii · New Hampshire · Maine · Montana · Rhode Island · Delaware · South Dakota · North Dakota · Alaska · Vermont · Wyoming · Washington, D.C..
WriteMyNotice.com is a self-help document preparation service, not a law firm, and this page is general information, not legal advice. Eviction rules are strict and vary by state, county, and city — many cities add rent-control or just-cause requirements on top of state law, and an improper or mistimed notice can get an eviction case delayed or dismissed. Verify the current requirements for your property's location and, for contested or high-stakes evictions, consult a landlord-tenant attorney. Statute references verified June 2026.