W. Va. Code §§ 55-3-1 to 55-3-6 § 55-3-1
Issuance of summons.
Operative Text
If any forcible or unlawful entry be made upon any land, building, structure, or any part thereof, or if, when the entry is lawful or peaceable, the tenant shall detain the possession of any land, building, structure, or any part thereof after his right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right or title he had thereto, or the party against whom such possession is unlawfully detained, may, within three years after such forcible or unlawful entry, or such unlawful detainer, sue out of the clerk's office of the circuit court, or of any court of record empowered to try common-law actions, of the county in which the land, building, structure, or some part thereof may be, a summons against the defendant to answer the complaint of the plaintiff that the defendant is in the possession of, and unlawfully withholds from the plaintiff, the premises in question (describing the same with convenient certainty), to the damage of the plaintiff in such sum as the plaintiff shall state; and no other declaration shall be required.
West Virginia Code § 55-3-1 establishes the legal mechanism for challenging either a forcible or unlawful entry onto land or a building, or a situation where a tenant remains in possession after their right to occupy has ended. The aggrieved party — whether physically ousted or unlawfully held out of their property — may initiate a court action by obtaining a summons from the circuit court clerk within three years of the triggering event. The summons requires the defendant to answer the complaint, and no additional formal declaration or pleading beyond that summons is necessary to get the case started.
Plain English — not legal advice.
Under § 55-3-1, property owners and managers who need to regain possession of a land, building, or structure — whether because of an unlawful entry or a tenant who has stayed beyond the expiration of their right to occupy — have a recognized legal pathway through the West Virginia circuit court system. A compliant operator generally documents the expiration of the tenancy or the unlawful entry, then initiates the process by obtaining a summons from the clerk's office of the appropriate county court within the three-year window the statute provides. The complaint accompanying the summons describes the premises and states the damages claimed, satisfying the pleading requirement that § 55-3-1 sets out.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3-1 of the West Virginia Code is a two-sided provision: while it gives landlords a tool to seek possession, it also protects anyone who has been forcibly or unlawfully removed from property, allowing that person to sue for restoration of possession within three years. Tenants who believe they have been wrongfully locked out or otherwise forcibly displaced may use this same summons procedure to challenge the removal in the county circuit court. Those facing an eviction action filed under § 55-3-1 may wish to consult a tenant-rights organization or legal aid office to understand what defenses — such as disputing whether the right to occupy has actually expired — may be available in that proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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