West Virginia Commercial Eviction Process: Fast-Track Court Procedures

Under West Virginia law, codified in the official 1931 Code (effective January 1, 1931), commercial evictions are governed by the terms of the lease agreement and common law unlawful detainer statutes (Chapter 55, Article 3). Unlike the residential summary relief process, commercial landlords must adhere to the specific notice and cure periods defined in their commercial lease before filing an Unlawful Detainer action.

Grounds for Commercial Eviction

Eviction Process

Step 1: Identify the Ground

For non-payment and lease violations, the landlord must follow the notice and cure provisions explicitly stated in the commercial lease agreement.

Step 2: File Unlawful Detainer

File an Unlawful Detainer action with the Magistrate Court (for claims up to $10,000) or Circuit Court in the county where the property is located, in accordance with WV Code § 55-3.

Step 3: Service

The tenant is formally served with a summons and a copy of the complaint.

Step 4: Court Hearing

A hearing is scheduled very quickly — often within a few days of service. Both parties present their cases.

Step 5: Judgment and Removal

If the landlord prevails, an order for possession is issued. Only a law enforcement officer with a valid court order can remove the tenant. Self-help eviction is illegal even for commercial properties.

Self-Help Eviction Is Prohibited

WV law prohibits self-help eviction methods for commercial tenants:

• No changing locks without a court order.
• No shutting off utilities.
• No removing tenant's property.
• Violation can result in criminal charges and civil liability.

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