W. Va. Code §§ 55-3A-1 to 55-3A-3 § 55-3A-1
Petition for summary relief for wrongful occupation of residential rental property.
Operative Text
(a) A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition, setting forth the following: (1) That he or she is the owner or agent of the owner and as such has a right to recover possession of the property; (2) A brief description of the property sufficient to identify it; (3) That the tenant is wrongfully occupying the property in that the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another person to do so, and describing the arrearage, breach, or act or omission; and (4) A prayer for possession of the property. (b) Upon filing the petition, the court shall schedule a hearing, which may not be less than five nor more than 10 judicial days following the filing of the petition. (c) Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the hearing to be served upon the tenant in accordance with the provisions of Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. The notice shall inform the tenant that any written defense to the petition may be filed and served upon the petitioner within five days of the receipt by the tenant of the notice. Upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, the petitioner shall file with the court his or her petition and the proof of service.
West Virginia Code § 55-3A-1 establishes a streamlined court process that allows a property owner or their agent to seek removal of a tenant from a residential rental unit by filing a verified petition in magistrate or circuit court. The petition must identify the property, assert the owner's right to possession, and describe the specific grounds for removal — such as unpaid rent, a lease violation, or property damage. Once filed, the court must schedule a hearing within five to ten judicial days, and the tenant must be formally notified and given an opportunity to file a written defense within five days of receiving that notice.
Plain English — not legal advice.
Under § 55-3A-1, a compliant property owner or manager who seeks to recover possession of a residential rental unit typically files a verified petition in the magistrate or circuit court of the county where the property is located, clearly describing the property and the specific basis for removal. Operators generally ensure that the tenant is served with notice of the hearing through proper civil procedure channels — either personal service under Rule 4 of the West Virginia Rules of Civil Procedure or certified mail with return receipt — and then file proof of that service with the court. Maintaining thorough documentation of rent arrears, lease breaches, or property damage is a common practice that supports the factual allegations required by the petition.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
West Virginia Code § 55-3A-1 provides tenants with procedural protections when a landlord files a petition for possession, including the right to receive formal notice of the scheduled court hearing. Upon receiving that notice, a tenant generally has five days to file a written defense with the court and serve it on the petitioner, giving them an opportunity to contest the grounds stated in the petition. Tenants who receive such a notice may benefit from reviewing the specific allegations in the petition, exploring available defenses — such as disputing the claimed arrearage or breach — and reaching out to a local tenant-rights organization or legal aid office for general information about the process under § 55-3A-1.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation