How to Legally Remove a Roommate Not on the Lease in West Virginia

If you live in West Virginia and share your rental with a roommate who is not listed on the lease, it can be challenging to ask them to move out—especially if things aren't working out. Knowing your legal rights and responsibilities is key. This guide explains, in plain language, the steps you must take to legally evict a roommate who is not on the lease in West Virginia, including forms, official resources, and important legal protections for both parties.

Roommate Status: Subtenants and Occupants in West Virginia

Roommates not named on the lease are typically considered “occupants” or “subtenants.” In West Virginia, unless your landlord formally accepts your roommate as a tenant, they hold no direct legal relationship with the property owner. As a result, you—as the primary tenant—are usually responsible for removing the roommate if they refuse to leave.

Talk Before Taking Action

Before starting the legal process, have an open conversation with your roommate. Many disputes can be resolved through honest communication about move-out expectations, especially if you explain the lease terms and your responsibilities to the landlord.

Eviction Process for a Roommate Not on the Lease

If discussion does not resolve the situation, you may need to begin the legal process:

• Serve written notice: Start by giving your roommate a written notice to vacate. In most cases, 30 days’ notice is considered reasonable, but check your local city or county rules for any differences.
• If they do not leave: If the roommate remains after the notice expires, you must pursue a legal eviction (called an "unlawful detainer" action).

Step 1: Serve a Notice to Vacate

Although there is no specific West Virginia statewide form for this, your notice should clearly include:

• Your name as the leaseholder
• The roommate’s name
• The address of the property
• The specific date by which they must move out (typically at least 30 days from the notice)
• A statement that failure to vacate will result in formal legal proceedings

Deliver the notice in writing and keep a record of when and how it was delivered.

Step 2: Filing an Unlawful Detainer (Eviction) Action

If your roommate stays after the deadline, you must file in your local West Virginia Magistrate Court. This is the court that handles evictions (West Virginia Magistrate Courts).

• Form: Complaint for Unlawful Detainer (No statewide official form, but most counties provide their own. Contact your county magistrate court for a template.)
• Use: To begin the eviction, file the complaint along with a filing fee. Once filed, the court will schedule a hearing and serve your roommate with legal notice.
• Where to file: In the Magistrate Court for your county. Contact information is available on the official court website.

After Filing: What Happens Next?

The court will set a hearing, giving your roommate a chance to respond. If the judge rules in your favor, the court will issue a writ of possession, allowing the county sheriff to formally remove the roommate if necessary.

Important Legal Protections & Tips

• Self-help (changing locks, removing belongings, etc.) is illegal. Only the sheriff may physically remove someone after a court order.
• Retain copies of all notices, correspondence, and court documents throughout the process.
• Do not retaliate against your roommate (for example, by turning off utilities); doing so could result in legal penalties.
• For more details, see the West Virginia Code, Chapter 55, Article 3—Unlawful Entry and Detainer.

Summary of the Process

To legally remove a roommate who is not on the lease in West Virginia:

• Give written notice to vacate (typically 30 days).
• File a complaint for eviction in Magistrate Court if they do not leave.
• Attend the court hearing and obtain a writ of possession if successful.
• The sheriff enforces the removal (never the leaseholder).

Frequently Asked Questions

1. Can I just change the locks if my roommate is not on the lease?
   No. Changing locks or removing your roommate’s belongings without a court order is considered a "self-help" eviction and is illegal in West Virginia.
2. Do I need my landlord’s permission to evict my roommate?
   Not necessarily, but check your lease. If your lease prohibits subletting or additional occupants, alerting your landlord may be necessary to avoid violating your agreement.
3. How long does the eviction process take?
   The full process—from notice to court-ordered removal—typically takes several weeks but may vary based on court schedules and whether the roommate contests the eviction.
4. What if my roommate threatens me?
   If you feel unsafe, contact local law enforcement right away before proceeding with a civil action in court.
5. Where do I find my county’s eviction forms?
   Check with your local West Virginia Magistrate Court for the correct eviction paperwork.

Key Takeaways

• Written notice is required before seeking a legal eviction.
• Evictions are handled by your local Magistrate Court—never do it yourself.
• Keep records of all actions taken and communications with your roommate.

Need Help? Resources for Renters

• West Virginia Magistrate Courts Official Directory – Find your county court’s contact details and instructions on filing eviction actions.
• Legal Aid of West Virginia – Free legal help for eligible renters with eviction and housing problems.
• U.S. Department of Housing and Urban Development – West Virginia – Rights, fair housing, and rental resources.
• For questions about state regulations: West Virginia Attorney General's Office – Consumer Protection (for rental disputes and complaints).

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1. West Virginia Code, Chapter 55, Article 3 – Unlawful Entry and Detainer
2. West Virginia Magistrate Courts – Official Information and Forms

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