West Virginia Commercial Eviction Process: Fast-Track Court Procedures

West Virginia's "rocket docket" eviction process applies to commercial tenancies as well as residential. Commercial landlords benefit from the ability to file for eviction immediately upon non-payment of rent, with hearings scheduled within days.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a qualified West Virginia attorney for advice specific to your situation. Information last verified: March 2026.

Grounds for Commercial Eviction

Eviction Process

Step 1: Identify the Ground

For non-payment, the landlord can proceed immediately. For lease violations, follow the cure/notice provisions in the lease.

Step 2: File Petition for Summary Relief

File a verified Petition for Summary Relief Against Wrongful Occupation with the Magistrate or Circuit Court in the county where the property is located.

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.

How Landager Helps

Landager generates lease-specific default notices, tracks the eviction timeline, and compiles court-ready evidence packages.

Back to West Virginia Commercial Landlord-Tenant Laws Overview.