To make the posting of a summons in a conspicuous place on rental property acceptable service when a tenant is unavailable for personal service

HB 4570 Text

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 4570
By Delegates Brooks, Roop, Pritt, Green, and Martin
[Originating in the Committee on the Judiciary; Reported on February 2, 2026]

A BILL to amend and reenact §37-6-5 and §55-3A-1 of the Code of West Virginia, 1931, as amended, relating to
allowing service of a notice to terminate tenancy upon tenants by posting the notice conspicuously on the premises
and secured by reasonable means where it can be readily obtained; also relating to allowing service of the notice of the hearing upon tenants for eviction proceedings to be accomplished by posting the notice conspicuously on the premises and secured by reasonable means where it can be readily obtained; relating to clarifying that the posting of a notice of the hearing upon the rental unit may not be accomplished by the petitioner and must be effectuated by a third party with no interest in the proceedings; related to clarifying that a petitioner that utilizes service of process by posting on the rental unit shall provide the court with a notarized affidavit of proof of service from the third party that effectuated service evidencing service was made upon the tenant in this manner; related to clarifying that this affidavit of proof of service shall evidence that service upon the tenant was made and also shall state the date and time of the posting of the notice of the hearing on the rental unit; also relating to clarifying that photographic evidence demonstrating how notice of the hearing was posted and secured upon the property shall also be attached to the affidavit of proof of service; also related to clarifying that upon receipt of the affidavit of proof of service, the petitioner shall file with the court his or her petition and the affidavit of proof of service, along with all attachments that are required by §55-3A-1 of the Code of West Virginia.
Be it enacted by the Legislature of West Virginia:

article 6. Landlord and tenant.

§37-6-5. Notice to terminate tenancy.

(a) A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his or her intention to terminate the tenancy.
(b) A periodic tenancy in which the period is less than one year may be terminated by like notice or by notice for one full period before the end of any period.
(c) When the notice to terminate the tenancy is to the tenant, it may be served upon the tenant or upon anyone holding the leased premises, or any part thereof, under the tenant.
(d) A landlord may accomplish service of the notice of termination of tenancy by posting the notice on the rental unit in a
conspicuous location and secured by reasonable means where it can be readily obtained
.
(e) When the notice to terminate the tenancy is by the tenant, it may be served upon anyone who, at the time, owns the premises in whole or in part, or upon the agent of such owner, or according to the common law.
(f) The provisions of this section do not apply if, by special agreement, some other period of notice is fixed or no notice is to be given. Notice is also not necessary from or to a tenant whose term is to end at a certain time.

CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.

ARTICLE 3A. REMEDIES FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY.

§55-3A-1. Petition for summary relief for wrongful occupation of residential rental property.

(a) A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition, setting forth the following:
(1) That he or she is the owner or agent of the owner and as such has a right to recover possession of the property;
(2) A brief description of the property sufficient to identify it;
(3) That the tenant is wrongfully occupying the property in that the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another person to do so, and describing the arrearage, breach, or act or omission; and
(4) A prayer for possession of the property.
(b) Upon filing the petition, the court shall schedule a hearing, which may not be less than five nor more than 10 judicial days following the filing of the petition.
(c)
Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the hearing to be served upon the tenant in accordance with the provisions of Rule 4 of the West Virginia Rules of Civil Procedure
,
or by certified mail, return receipt requested. The notice shall inform the tenant that any written defense to the petition may be filed and served upon the petitioner within five days of the receipt by the tenant of the notice. Upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, the petitioner shall file with the court his or her petition and the proof of service.

Immediately upon being apprised of the time and place for hearing the petitioner shall cause a notice of the hearing to be served upon the tenant by any of the following means:
(1) In accordance with the provisions of Rule 4 of the West Virginia Rules of Civil Procedure;
(2) Certified mail, return receipt requested; or
(3) Posting the notice of the hearing
on the rental unit in a conspicuous location and secured by reasonable means where it can be readily obtained
:
Provided,
That
the posting of a notice of the hearing upon the rental unit may not be accomplished by the petitioner and must be effectuated by a third party with no interest in the proceedings
.
(d) The notice of the hearing provided pursuant to subsection (c) of this section shall inform the tenant that any written defense to the petition may be filed and served upon the petitioner within five days of the receipt by the tenant of the notice.
(e) If service of process of the notice of hearing is effectuated pursuant to (c) (1) or (2), the petitioner shall, upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, file with the court his or her petition and the proof of service.
(f) In addition to the requirements of subsection (d) of this section, if service of process upon the tenant of the notice of the hearing is accomplished by posting the notice conspicuously on the rental unit pursuant to subsection (c)(3) of this section,
the petitioner shall provide the court with a notarized affidavit of proof of service from the third party that effectuated service evidencing service was made upon the tenant in this manner. This affidavit of proof of service shall evidence that service upon the tenant was made and state the date and time of the posting of the notice of the hearing on the rental unit. Photographic evidence demonstrating how notice of the hearing was posted and secured upon the property shall also be attached to the affidavit of proof of service. Upon receipt of the affidavit of proof of service, the petitioner shall file with the court his or her petition and the affidavit of proof of service, along with all attachments required by this subsection.

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