By Jennifer McQuerrey for SmallTownLandlord.com
Updated: December 29, 2024
Evictions can be stressful and time-consuming.. While this guide focuses on Kanawha County, WV, many steps may apply elsewhere. This is not legal advice—just practical insights from my experience as a property owner with plenty of evictions under my belt. For legal advice, consult an attorney.
Understanding West Virginia Landlord-Tenant Laws
• Landlord-Tenant Law: WV Code, Chapter 36, Article 6
• Residential Evictions: WV Code, Chapter 55, Article 3A
• Factory-Built Homes (Mobile Homes): WV Code, Chapter 55, Article 3B
Step 1: Filing Your Eviction Case
Where to File
• Magistrate Court: For claims up to $10,000.
• Circuit Court: For claims exceeding $10,000. This guide does not cover Circuit Court filings.
How to Get the Forms
• In Person: Visit the Magistrate Clerk’s office in the Judicial Annex at 111 Court Street, Charleston WV.
◦ Go into the Magistrate Clerk's office, turn left into the side room and the forms are on the wall.
• Online: Download the “Petition for Summary Relief – Wrongful Occupation” from www.CourtsWV.gov.
• Alternative: Visit www.SmallTownLandlord.com.
Tips for Completing the Paperwork
• Service type: You will need to let the clerk know if you are choosing private service or sheriff service. See Step 2 for further information on these two options.
• Be Brief: Stick to facts—no narratives or photos at this stage.
• Petitioner: This is your information.
• Respondent(s): List every adult in the rental unit, including middle names, and write “AND ALL OTHER OCCUPANTS” to cover unauthorized occupants.
• Requested Relief: Include all applicable claims:
◦ Immediate possession of the property.
◦ Unpaid rent, late fees, pet fees and utilities
◦ Any additional rent or other charges that accrue during pendency of this action
◦ Court costs.
◦ Process server fees ($25/respondent for sheriff service or private service).
• Notarization: Do not sign until in front of a notary. Magistrate Clerk staff can notarize it for you.
• 4pm deadline for cashier's window: It is recommended to get there no later than 3:30 pm so you can pay before the cashier's window closes.
• 10 minute turnaround: The papers are typically processed very quickly and you are given the paperwork and the court date within about 10 minutes. The court date will be within 10 days of the filing date.
Step 2: Serving Papers to the Tenant
Who Can Serve
• Papers must be served by a non-interested party (not you). Many landlords use maintenance staff.
Methods of Service
1 Private Service (Recommended): Faster and more reliable than sheriff service. $25/respondent.
2 Sheriff Service: Often unreliable as tenants may avoid identifiable process servers. $25/respendent.
Who can Receive Court Papers
• Tenant
• Any resident of the household over 16 years old
Proof of Service
• The process server must fill out the stamped “RETURN” form, have it notarized, and return it to you or directly to the Magistrate Clerk.
• The Magistrate Court will notarize the paperwork for free. Or the server can use any notary.
• The service paperwork must be given to the Magistrate Clerk's office no later than the morning of the hearing.
If Service Fails
• Attend the hearing anyway and request a new court date or opt for service via newspaper publication.
Step 3: Preparing for Your Court Date
Before the Hearing
• Gather all necessary documentation:
◦ Lease Agreement
◦ Any application documents or notices given to the tenant(s)
◦ Payment Ledger
◦ Notarized Proof of Service
◦ Photos of Damages (if applicable)
◦ Accounting Records (bring your laptop if needed).
Step 4: Your Day in Court
Court Location
• Judicial Annex: 111 Court Street, Charleston, WV.
• Entrance is on the corner of Virginia St E and Court St.
• Allow extra time for parking and security.
Go through security
Turn in the service papers if you haven't already
• Take these to the Magistrate Clerk's office. From security, turn right and go down the hall. Turn left at the end of the hall and the Magistrate Clerk's office is on the right.
What to Expect
• Sit in the 1st floor waiting area until your name or company name is called.
• There is a Civil Hearings bulletin board on the wall with the order of the cases in case you get curious.
• Magistrate Court is informal, so don't get too nervous.
• Once called into the court room, sit quietly on either side and wait until the magistrate calls on you.
• Provide requested information but avoid arguing or overexplaining.
Outcomes
• Tenant Fails to Appear: You get a default judgment. You'll receive a copy in court.
• Judgment Granted: You’ll receive a copy of the decision in court.
• Additional Rent Owed: If rent has accrued during delays, make a motion to include it in the judgment.
Step 5: After the Judgment
Have social security numbers entered: Ask the Magistrate Clerk to enter the social security numbers of all tenants into their computer system. This will allow the credit agencies to pick up the information.
File an Abstract of Judgment: You will get the Abstract of Judgment from the Magistrate Clerk. It then needs to be filed across the street at the Kanawha County Courthouse. The abstract filing is good for 10 years and then needs to be renewed.
Parking Tips
• Municipal Auditorium Lot: Cheapest option if you're willing to walk 2 1/2 blocks.
244 Virginia Street East, Charleston WV 25301
Bring quarters for metered parking or use the ParkMobile app.
• Judicial Annex Lot: Closest option.
111 Court Street, Charleston WV 25301
Avoid if you have a large vehicle as the spaces are very tight.
• Charleston Town Center Quarrier St Parking Garage:
242-298 Quarrier Street, Charleston WV 25301
Security Reminder
Leave tools and weapons in your vehicle—they’re not allowed in the building.
This guide simplifies a complex process to help landlords in Kanawha County navigate evictions effectively. For more tips on managing properties in small towns, subscribe to SmallTownLandlord.com and join our community of landlords improving neighborhoods one home at a time!
