West Virginia Eviction Prevention Funds: Renters' Guide

If you're a renter in West Virginia struggling to keep up with rent or facing the risk of eviction, you're not alone. Even a temporary financial setback can put your housing at risk, but state and federal resources are available to help. Eviction prevention funds are designed to offer emergency relief and help tenants remain in their homes, especially during difficult times.

What Are Eviction Prevention Funds?

Eviction prevention funds are financial resources set aside by federal, state, or local governments to help tenants who are behind on rent or facing eviction. In West Virginia, these funds often come in the form of temporary rental assistance, utility payment support, or help with related housing costs.

• Funds are typically available to eligible low-income households.
• Programs are often managed by state agencies, local housing authorities, or partner organizations.
• Tenants may need to show financial hardship or risk of homelessness to qualify.

West Virginia Emergency Rental Assistance Program (ERAP)

The West Virginia Emergency Rental Assistance Program (ERAP) was the primary statewide program helping renters pay rent and utility bills to prevent eviction. While the main ERAP portal closed new applications as of spring 2023 due to exhausted federal funds, some local programs and resources remain available. Check for updates on funding with the WV Department of Health and Human Resources (DHHR).

Who Can Apply for Eviction Prevention Funds?

Generally, you may qualify for assistance if:

• Your household income is below 80% of the area median income
• You are at risk of homelessness or housing instability (for example, you received a late rent or eviction notice)
• You have experienced hardship due to job loss, reduction in hours, illness, or other circumstances

How to Apply for Rental Assistance

Here’s an overview of what to expect when applying for rental assistance or eviction prevention funds in West Virginia:

1. Gather key documents such as proof of income, rental agreement, past due rent or utility notices, and identification.
2. Contact your local social services office, community action agency, or WV DHHR Emergency Food and Shelter Program to ask about current funding.
3. Submit the required application form with supporting documentation. Assistance may be available directly to your landlord or utility provider.
4. If you’ve received an eviction notice ("Notice to Quit"), immediately inform the agency handling your application. In some cases, your application may help pause or delay legal proceedings against you.

Tip: Applying for aid does not automatically stop an eviction. If you have received a notice from your landlord, respond quickly and follow all legal instructions included with the notice.

Key Official Form: Answer to Complaint (Eviction)

In West Virginia, if your landlord files for eviction (also called an "Unlawful Detainer" or "Wrongful Occupation" suit) in court, you will receive a summons and complaint. To protect your rights, you should file an Answer to Complaint (Eviction) with the court. This document is your formal response and lets you explain your circumstance — for example, if you have applied for rental assistance and are waiting for payment.

• Form Name: Answer to Complaint (General Civil Form)
• How it’s used: Used by tenants to respond to a court complaint for eviction/unlawful detainer.
• Where to find: West Virginia Supreme Court - Answer to Complaint Form
• Example: If you are served court papers stating you are being evicted for nonpayment of rent, you can file this form to inform the court of your situation and any applications for assistance.

Which Tribunal Handles Residential Tenancy Disputes?

In West Virginia, Magistrate Courts handle eviction proceedings (called "wrongful occupation" actions). You can find contact information and court forms on the West Virginia Judiciary Magistrate Courts page.

Relevant West Virginia Renters' Laws

Evictions and landlord-tenant relationships in West Virginia are governed by West Virginia Code, Chapter 37 - Real Property. Key laws regarding notice requirements and court procedures can be found in Chapter 55, Articles 3 and 4, covering wrongful occupation and landlord-tenant actions.

Action Steps: What to Do If You Face Eviction

If you receive an eviction notice or court papers, here’s what you should do:

• Apply immediately for rental assistance if you haven’t already
• Inform your landlord (and the court, if needed) that you are seeking assistance
• File an Answer to Complaint form within the deadline if you receive a court summons
• Attend any scheduled court hearings to explain your situation and show proof of your application
• Seek help from local legal aid organizations for advice and representation

Taking these steps can help you stay in your home or secure more time to find solutions.

Frequently Asked Questions

1. Can eviction prevention funds pay all of my overdue rent?
   It depends on the available program. Some programs may cover several months of overdue rent and utilities, while others may have limits or additional requirements. Check with your local agency for specific details.
2. Does applying for rental assistance automatically stop an eviction?
   No. Applying for funds does not pause or end an active eviction process. You must respond to legal notices and may need to inform the court that you have applied.
3. How do I respond to an eviction notice in West Virginia?
   You should file an Answer to Complaint with your local Magistrate Court and, where possible, provide documentation of your rental assistance application.
4. Are emergency rental funds available in my city or county?
   Some local governments or nonprofits may have emergency funds even if the statewide program is closed. Contact your local social services office or community action agency for current information.
5. Where can I find legal help if I'm facing eviction?
   You can contact Legal Aid of West Virginia for free legal advice or representation related to housing issues.

Key Takeaways for Renters

• Eviction prevention and rental assistance funds can help West Virginia renters facing hardship stay in their homes.
• File an Answer to Complaint if you receive court papers, and act quickly to protect your rights.
• Reach out for legal and community support — free resources are available in West Virginia to guide you.

Need Help? Resources for Renters

• West Virginia Department of Health and Human Resources – Emergency Assistance
• West Virginia Rental Assistance Updates
• West Virginia Magistrate Courts – Eviction forms and information
• Legal Aid of West Virginia – Free legal help for tenants
• West Virginia Residential Tenant Law (Chapter 37)

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1. West Virginia Code, Chapter 37 – Real Property
2. West Virginia Code, Chapter 55 – Actions and Suits
3. West Virginia Emergency Rental Assistance Program
4. West Virginia Magistrate Courts
5. WV DHHR – Emergency Food and Shelter
6. Answer to Complaint Form (WV Judiciary)
7. Legal Aid of West Virginia

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