How do I respond to an eviction notice in West Virginia?
In West Virginia, when a landlord files for possession the court will schedule a hearing and may grant possession if the tenant does not appear or file a responsive pleading. If a tenant files an answer raising defenses such as the landlord's breach of a material covenant, the court will generally hold a hearing on those issues. The court may grant continuances for cause, sometimes requiring the tenant to pay rent into court during the continuance.
The court's order will set when the tenant must vacate, and in some proceedings the court may also address arrearages or other monetary relief. Special rules apply for factory-built homes and for certain federally related properties described in federal law; tenants in those situations may have additional protections or requirements under the statutes and cases cited below.
Current West Virginia law
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The deadline that matters
For factory-built home cases, the petitioner must set the hearing 5 to 10 judicial days after request and the tenant must submit written defenses within five days of receiving notice or no later than the fifth day before the hearing under W. Va. Code § 55-3B-4.
What West Virginia law says
The statutes say a tenant who does not file an appearance, answer, or other responsive pleading risks an order granting possession to the landlord, under W. Va. Code § 55-3A-3 and for factory-built homes under W. Va. Code § 55-3B-6. A tenant may assert any defenses that apply, including breach by the landlord of a material covenant, and the court must hold a hearing on such issues if raised, under W. Va. Code § 55-3B-5 and subsections of W. Va. Code § 55-3A-3. For petitions to remove a tenant and a factory-built home, the petitioner must set a hearing five to ten judicial days after request and must serve notice; the tenant must submit any written defenses within five days of receipt or no later than the fifth day before the hearing, under W. Va. Code § 55-3B-4. Courts have explained continuances are for cause and may require rent to be paid into court during the continuance, see Criss v. Salvation Army Residences, 173 W. Va. 634, 319 S.E.2d 403 (1984) and the continuance provisions of W. Va. Code § 55-3A-3. Federal rules may limit actions against tenants in some federally backed or covered properties, see 15 U.S.C. § 9058. State cases also recognize defenses like retaliatory eviction or landlord breach of the warranty of habitability may be raised in eviction proceedings, see Imperial Colliery Co. v. Fout, 179 W. Va. 776, 373 S.E.2d 489 (1988) and Murphy v. Smallridge, 196 W. Va. 35, 468 S.E.2d 167 (1996).
What to do
A common first step is to check the eviction papers for the hearing date and the method of service described in W. Va. Code § 55-3B-4.
A common next step is to prepare and file an answer or other written response asserting any defenses the tenant may have, since a response generally preserves the tenant's right to a hearing under W. Va. Code § 55-3A-3 and W. Va. Code § 55-3B-5.
A common option is to request a continuance for cause if more time is needed; courts may require payment of rent into court during the continuance as stated in W. Va. Code § 55-3A-3 and explained in Criss v. Salvation Army Residences.
A common step is to gather evidence supporting any defenses, such as documents about habitability, repairs, or notices to authorities, which courts have considered in claims like retaliatory eviction and warranty breaches (see Imperial Colliery Co. v. Fout and Murphy v. Smallridge).
A common final step is to attend the hearing and present the defenses; if the court orders eviction it will set the time to vacate and may also rule on monetary arrearages per W. Va. Code § 55-3A-3 or W. Va. Code § 55-3B-6.
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Common questions
What happens if I do not file an answer or appear at the hearing?
If there is no appearance or responsive pleading by the tenant, the court may enter an order granting possession to the landlord under W. Va. Code § 55-3A-3 and may order removal in factory-built home cases under W. Va. Code § 55-3B-6.
Can I raise the landlord's failure to make repairs as a defense?
Yes, a tenant may raise defenses such as breach of a material covenant, including warranty of habitability, and the court must proceed to a hearing on those issues under W. Va. Code § 55-3B-5. State cases recognize such defenses in eviction proceedings, see Teller v. McCoy and Murphy v. Smallridge.
Can I get more time to prepare for the hearing?
Courts may grant continuances for cause only and not as a matter of right; if a continuance is granted to a tenant the court may require the tenant to pay periodic rent into court during the continuance, under W. Va. Code § 55-3A-3 and discussed in Criss v. Salvation Army Residences.
Do federal rules affect some eviction cases?
Federal law can limit actions against tenants in certain federally backed or covered properties; see 15 U.S.C. § 9058 for protections that may apply in covered situations.
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This page provides legal information about West Virginia law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
