The West Virginia timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid. West Virginia's rule depends on a condition (or sets no fixed number of days), so we describe the steps rather than put a date on them.
- The 1stRent is due (the example due date used throughout this page).
- Late feeNo statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
- FilingNo statutory pre-filing notice; landlord may petition for summary relief once rent is in arrears (W. Va. Code § 55-3A-1).
The notice for unpaid rent
No statutory pre-filing notice; landlord may petition for summary relief once rent is in arrears. W. Va. Code § 55-3A-1
Among the 31 states we have verified, 2 others also require no notice period before filing. Among states that require a notice, the median is 7 days.
Late fees and the grace period
No statewide statute caps late fees or requires a grace period; a late fee should be written into the lease and reasonable.
West Virginia has no statutory dollar or percentage cap. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in West Virginia
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
West Virginia and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| West Virginia | No pre-filing notice | None statewide | No statutory cap | Verified |
| Kentucky | 7 days | None statewide | No statutory cap | Unverified |
| Maryland | 10 days | None statewide | 5% of rent | Verified |
| Ohio | 3 days | None statewide | No statutory cap | Verified |
| Pennsylvania | 10 days | None statewide | No statutory cap | Unverified |
| Virginia | 14 days | None statewide | 10% (lesser of two bases) | Verified |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: W. Va. Code § 55-3A-1
- Late fees and grace period: no statute found that sets a cap or grace period
- Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.