SB 799 West Virginia Senate · 2026 Regular Session

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

SB 799 modifies eviction procedures in West Virginia by requiring landlords (petitioners) to file proof of serving the tenant (a return of service or return receipt) with the court after delivering an eviction notice. It mandates that courts schedule eviction hearings between 5 and 10 judicial days after the petition is filed and allows tenants to submit a written defense within five days of receiving the notice. These changes apply to both standard residential rentals and factory-built home site evictions. The bill aims to clarify and streamline the process for both landlords and tenants during eviction proceedings.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2026
Committee Review
Feb 2026
Senate Passage
Feb 2026
House of Delegates Passage
Governor
Introduced Feb 6, 2026 Last action Feb 23, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Version Committee Substitute · 3 edits
MINOR
This bill was amended from its introduced version to a committee substitute version, primarily clarifying procedural requirements for eviction proceedings. The changes add specific requirements for serving the petition and summons alongside the hearing notice, and clarify who must file proof of service with the court. These modifications aim to streamline the eviction process and ensure proper documentation is maintained.
REQUIREMENT

Added requirement that the petition and summons must be served together with the hearing notice to the tenant, rather than serving only the notice.

Clarified that the petitioner must file the proof of service with the court, rather than leaving it ambiguous who is responsible for filing.

TECHNICAL

Corrected formatting inconsistencies and standardized language regarding service procedures across different sections of the bill.

Floor votes · Senate Feb 20, 2026

How they voted

310
Passed · 2 other
Total votes 33
Feb 20, 2026
D Democratic2
2 Yea
100% Yea
R Republican31
29 Yea 2
93% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
2
Committee
4
Feb 23, 2026
Committee
To House Judiciary
lower
Feb 23, 2026
Committee
To Judiciary
lower
Feb 23, 2026
Introduced
Introduced in House
lower
Feb 20, 2026
Upper · Passed
Passed Senate (Roll No. 169)
upper
Feb 17, 2026
Upper · Passed
Committee substitute reported
upper
Feb 6, 2026
Introduced
Introduced in Senate
upper
Feb 6, 2026
Committee
To Judiciary
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tom Willis
Tom Willis
RRepublican
WV
15