Tenant won't move out in West Virginia
After the right to occupy expires without consent, West Virginia § 55-3-1 provides an unlawful-detainer route. Establish the definite term or properly delivered periodic ending notice, check later agreements and rent acceptance, and use the appropriate court proceeding. No extra generic holdover notice is prescribed by that section. W. Va. Code §§ 37-6-5, 55-3-1
Read the actual agreed end date and renewal terms.
Verify a full-period notice where the tenancy was periodic.
Check consent, accepted post-term rent and move-out agreements.
Use court resources for the proper claim and sheriff enforcement.
What happens next
The holdover tool checks the ending basis and occupancy facts, then connects supported cases to court resources. It does not reclassify a rent or breach dispute as generic holdover.
Start the West Virginia toolLegal information reviewed October 5, 2026. LandlordAnswers is not a law firm and does not provide legal advice.