Terminating a Tenancy for Non-Payment of Rent in West Virginia

Last Updated: March 17, 2023.

About this Form Set

This set of forms includes a notice to quit, an acknowledgment of receipt by the tenant, which is for use when delivering the notice to the tenant in person, and an affidavit of service. West Virginia state law permits a landlord to terminate a tenancy before the lease agreement expires, but only for a valid reason, known as just cause. One such reason is when a tenant fails to pay rent.

If a tenant fails to pay rent on time, the landlord is not required by state law to provide any notice before filing an eviction lawsuit in court, according to W. Va. Code § 55-3A-1.

Although the law does not mandate giving notice, providing notice can be beneficial. It can prompt the tenant to take the situation more seriously and pay overdue rent. However, the landlord has the discretion to provide notice or not.

Providing notice, even when it is not mandatory, can be viewed as a professional and respectful way to handle the situation. It can help the landlord avoid a negative reputation, costly litigation, court expenses, stress, and inconvenience. Giving final, written notice before seeking eviction can show that the landlord is willing to work with the tenant to find a solution and that eviction is not the first course of action. Providing notice can help the landlord maintain a positive image in the community and among tenants, which can be advantageous when attracting new tenants.