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If theyre doing something they arent supposed to, youll need to tell them what theyre doing wrong. If your tenant wont fix the problem or move out, youll have to go through the court to get an order for them to move out. The eviction process can take 30 - 45 days, or longer.
West Virginia Eviction Process Notice Received by TenantsAverage Timeline Issuing an Official Notice 7 days-3 months Issuance and Posting of Summons and Complaint 10-120 days Court Hearing and Judgment 5-10 days Issuance of Writ of Possession A few hours to a few weeks1 more row
The notice period a landlord must give in West Virginia depends on the reason for eviction. For non-payment of rent, a 5-day notice is typically required. For lease violations, a notice period can range from 10 to 30 days. For ending a month-to-month tenancy, a 30-day notice is usually needed.
- 3-Day Notice: Non-payment of rent or lease violations. - 30-60 Day Notice: For no-fault evictions. Landlords can file if the tenant fails to comply with the notice. The tenant must be served with the Summons and Complaint.
For nonpayment of rent, landlords must give a 5-day notice to vacate. This must happen before they can file an eviction lawsuit. For other lease violations, the notice period may be 10 days or another period. The lease terms and type of violation may determine the notice period.

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Unless you leave voluntarily, you have a due process right to have your case heard by a court before your landlord can evict you from your rental. This right exists whether you have violated the terms of your lease or not.
You cannot be evicted without notice. The landlord cannot change the locks or shut off your utilities to make you leave. Most of the time, a landlord needs to go to court before evicting you. If you did something dangerous or threatening, the landlord only needs to give you three (3) days to move out.
To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program.

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