I’m a West Virginia landlord with a difficult tenant. I’ve given the tenant the proper West Virginia termination notice, but he still won’t leave. What next? What is the West Virginia eviction process?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you are a West Virginia landlord who has notified your tenant that the lease is terminating, but the tenant still won’t leave your property, your next step is to file for eviction. Go to your local Magistrate court and file a complaint. The court clerk will help you with the forms. You will then have to notify the tenant by serving them with the eviction papers. The tenant will have a certain number of days (usually 5) to respond to the complaint, and the court will set a hearing date on which you will each argue your sides. If you win, the court will give the tenant a few days to move out on his or her own. If the tenant still does not leave your property after that, you will have to get a sheriff to assist you in removing your tenant from the premises. Remember, you should never attempt to remove your tenant yourself, as doing so may make you liable to the tenant for damages.

If the eviction process gets to be too much for you to manage alone, you can always seek out the assistance of an experienced West Virginia evictions attorney.

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