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
31–0
Passed · 2 other
Total votes 33
Feb 20, 2026
D
Democratic2
100% Yea
R
Republican31
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
Tom Willis
RRepublican
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