Eviction Notice Template Wv

FORMAL NOTICE TO QUIT / TERMINATION OF TENANCY

Document ID: WV-LNT-2023-V1.0
Effective Date: [Effective Date]
Jurisdiction: State of West Virginia ([County Name] County)

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1. STATUTORY & LEGAL COMPLIANCE NOTICE

CRITICAL LEGAL DISCLAIMER: This document is an institutional-grade legal template drafted in accordance with West Virginia landlord-tenant law (W. Va. Code § 55-3A-1 et seq. and W. Va. Code § 37-6-1 et seq.). Landlord-tenant laws are strictly construed, and minor errors in service, calculation of time periods, or statutory phrasing can invalidate eviction proceedings. Landlords and tenants are strongly advised to consult with a licensed attorney admitted to the West Virginia State Bar prior to initiating summary relief or forcible entry and detainer actions in magistrate or circuit court.

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2. PARTIES & PREMISES IDENTIFICATION

This Notice is served upon and directed to the following Tenant(s) and all occupants in possession:

• Tenant(s) Name(s): [Tenant Full Legal Name(s)]
• Subject Premises Address: [Street Address, Apartment/Unit Number, City, WV, Zip Code]
• Landlord / Property Manager Name: [Landlord/Agent Full Legal Name]
• Landlord / Agent Address for Notices: [Landlord Address, City, State, Zip Code]
• Contact Telephone: [Landlord/Agent Phone Number]

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3. RECITALS & GROUNDS FOR TERMINATION

WHEREAS, the undersigned Landlord (or authorized agent) and Tenant(s) entered into a [Written / Oral] lease agreement dated [Lease Date] for the occupancy of the Subject Premises; and

WHEREAS, Tenant(s) are currently in material default of said lease agreement and/or West Virginia statutory obligations for the following reason(s):

• Non-Payment of Rent: Tenant(s) have failed to pay rent due in the amount of [Amount in USD] covering the rental period(s) from [Start Date] to [End Date].
• Lease Violation / Material Breach: Tenant(s) have violated the terms of the lease agreement by [Specific description of lease violation, e.g., unauthorized pets, subletting, property damage, nuisance].
• Holdover Tenancy / Termination of Periodic Tenancy: The underlying lease term has expired, or notice to terminate a month-to-month tenancy has been properly given, and Tenant(s) remain in possession without the consent of the Landlord.

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4. OPERATIVE DEMAND FOR POSSESSION & CURE PERIODS

PLEASE TAKE NOTICE that the Landlord hereby strictly demands that the Tenant(s) either:

1. Cure the default(s) specified above (if applicable by law or lease terms); OR
2. Vacate, surrender, and deliver up peaceful and complete possession of the Subject Premises to the Landlord within the statutory timeframe mandated by West Virginia law.

• For Non-Payment of Rent (W. Va. Code § 55-3A-1 / Notice Requirements): Unless the lease agreement provides for a longer cure period, or if the tenancy is month-to-month, Tenant(s) are given notice to pay the total balance due or quit the premises within the time required by West Virginia law. (Note: West Virginia law does not mandate a statutory cure period for non-payment of rent prior to filing an unlawful detainer unless specified in the lease, but a standard 30-day notice is utilized for periodic leases, or immediate demand upon default for fixed-term leases, subject to local court rules).
• For Lease Violations / Termination: Tenant(s) must cure the violation or vacate within [Number of Days, e.g., 30] days of service of this Notice.

If you fail to cure the default (where permitted) or fail to vacate and surrender the Subject Premises by [Expiration Date, e.g., Month, Day, Year] at [Time, e.g., 11:59 PM], the Landlord will immediately commence formal legal proceedings in the Magistrate Court or Circuit Court of [County Name] County, West Virginia, to recover possession of the Subject Premises, past-due rent, damages, and court costs, as authorized by law.

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5. ACCUMULATED FINANCIAL OBLIGATIONS (IF APPLICABLE)

The total monetary sum required to cure the non-payment default and satisfy all outstanding financial obligations as of the Effective Date is itemized below:

• Delinquent Base Rent: $ [Amount]
• Late Fees (as authorized by lease): $ [Amount]
• Utility Charges / Other Fees: $ [Amount]
• Total Balance Due: $ [Amount in USD]

Payment must be remitted via [Acceptable Payment Methods, e.g., Certified Funds, Wire, Portal] to [Payment Delivery Address or Instructions].

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6. SERVICE OF NOTICE

This Notice was served upon the Tenant(s) on [Date of Service] in the following manner:

• Personal Delivery: Handed directly to the Tenant(s) named above.
• Substituted Service: Delivered to a person of suitable age and discretion residing on the premises.
• Posting & Mailing: Securely posted in a conspicuous place upon the front door of the Subject Premises and sent via certified mail, return receipt requested.

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7. EXECUTION & FORMAL SIGNATURE BLOCKS

FOR THE LANDLORD:

Signature: _____________________________________
Printed Name: [Landlord / Authorized Agent Full Legal Name]
Title: [Title / Role, e.g., Managing Agent / Property Owner]
Company: [Company Legal Name, if applicable]
Date: [Date]

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ACKNOWLEDGMENT OF RECEIPT (TENANT): (Note: Tenant signature is not required for legal validity of service, but serves as acknowledgment where applicable).

Signature: _____________________________________
Printed Name: [Tenant Full Legal Name]
Date: [Date]

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8. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Document Completion: Open this template in Microsoft Word or Google Docs. Replace all bracketed text (e.g., [Tenant Full Legal Name], [Amount in USD]) with accurate, verified factual data. Remove all instructional bracketed prompts before printing.
2. Verify Statutory Compliance: Confirm whether the underlying lease agreement requires a specific notice period (e.g., 30 days for month-to-month tenancies under W. Va. Code § 37-6-5). Ensure calculations of deadlines are exact.
3. Execution: The Landlord or authorized property manager must sign and date the document in Section 7.
4. Service of Process: Serve the notice strictly in accordance with West Virginia statutory requirements. Personal delivery or secure posting combined with certified mail is standard practice. Always retain an affidavit or certificate of service for court filing.
5. Filing for Unlawful Detainer: If the Tenant fails to vacate or cure the default by the expiration date, file a Summons and Complaint for Unlawful Detainer with the Magistrate Court Clerk in the county where the Subject Premises is located. Attach a copy of this Notice and the Affidavit of Service to the court filing.