Requiring receipt of return of service or return receipt be filed with court

SB 799 Text

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Senate Bill 799 History

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WEST virginia legislature
2026 regular session
Committee Substitute
for
Senate Bill 799
By Senator Willis
[Reported February 17, 2026, from the Committee on the Judiciary]

A BILL to amend and reenact §55-3A-1 and §55-3B-4 of the Code of West Virginia, 1931, as amended, relating to eviction proceedings; requiring receipt of return of service or return receipt to be filed with court; requiring hearing to be scheduled upon filing petition; permitting tenant to file and serve written defense to eviction petition within five days of tenant's receipt of notice of petition; and providing that hearing shall be scheduled five to 10 judicial days following filing of petition.
Be it enacted by the Legislature of West Virginia:

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
the petition, the summons, and
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.

The receipt of the return of service or return receipt, as the case may be, shall be filed with the court by the petitioner.

ARTICLE 3B. REMEDIES FOR WRONGFUL OCCUPATION OF FACTORY-BUILT HOME SITE.

§55-3B-4. Petition for summary relief for wrongful occupation of residential rental property.

(a) A person desiring to remove a tenant and factory-built home from a factory-built home site may apply for
such
relief to the magistrate court or the circuit court of the county in which
such

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 evict the tenant and have the factory-built home of the tenant removed;
(2) A brief description of the factory-built home site sufficient to identify it;
(3) That the tenant is wrongfully occupying
such

the
property in that the tenant is:
(A) Holding over after having been given proper notice of termination of tenancy, whether or not the tenant has continued to pay and the landlord has accepted rent; or
(B) The landlord has good cause; and
(4) A prayer for eviction of the tenant and removal of the tenant's factory-built home.
(b)
Previous to the filing of the petition the person shall request from the court the time and place at which the petitioner shall be heard. The

Upon filing the petition, the
court shall
fix a time for such

schedule a
hearing, which
time shall

may
not be less than five nor more than 10 judicial days following
such request

the filing of the petition
.
(c) Immediately upon being apprised of the time and place for hearing the petitioner shall cause
the petition, the summons, and
a notice of the
same

hearing
to be served upon the tenant in accordance with the provisions of
rule

Rule
4 of the West Virginia
rules of civil procedure

Rules of Civil Procedure
or by certified mail, return receipt requested.
Such

The
notice shall inform the tenant that any
written
defense to the petition
must

may
be
submitted in writing to

filed and served upon
the petitioner within five days of the receipt by the tenant of the notice.
and in no case later than the fifth day next preceding the date of hearing. 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 petition and such proof of service.

The receipt of the return of service or return receipt, as the case may be, shall be filed with the court by the petitioner.

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