It is crucial for landlords to go about evicting tenants as defined by the laws and regulations of their state. As a landlord in West Virginia – the law governs what you can and cannot do when it comes to evicting a tenant. A good apple and can turn a bad apple for a myriad of reasons. Even though you’ve used the best tenant screening service available today, that same tenant could lose their job and not have the cash flow to make rent. An eviction handled incorrectly can set you up for trouble. Here's a quick guide to the eviction process in West Virginia.
Termination with Legal Cause
In West Virginia, legal cause is required for a landlord to evict a tenant. Legal cause, as defined by West Virginia law, includes not paying rent, violation of the lease agreement, or damaging the rental unit. In West Virginia, unlike most states, a landlord is not required to provide written notice to the tenant before filing an eviction lawsuit. If the landlord has legal cause as defined above, the landlord is legally able to terminate the tenancy immediately and file an eviction lawsuit.
Termination without Legal Cause
If a landlord wants to evict a tenant but does not have legal cause to do so must wait until the term of the tenancy has expired. In cases of a month-to-month tenancy, the landlord must provide a written 30-day notice to the tenant that the landlord is terminating the tenancy, and that the tenant must move by the end of 30 days. If the tenant does not leave the rental property after the 30 days, the landlord may proceed with an eviction lawsuit.
A landlord who wants to evict a tenant with a fixed-term lease and without legal cause must wait until the tenancy term expires before evicting. A written notice of eviction is not required, unless it is a term of the lease agreement. After the end of the tenancy term, if the tenant remains on the property, the landlord should not accept any further rent and may proceed with an eviction lawsuit.
Removal of a Tenant
In West Virginia, it is illegal for a landlord to forcibly evict a tenant under any circumstances. Even after a landlord wins an eviction lawsuit, the only person who may physically remove the tenant from the rental property is a law enforcement officer with a court order. If a landlord ever tries to forcibly evict a tenant, the tenant is legally allowed to sue the landlord.
After an eviction, the landlord may find personal property belonging to the evicted tenant that was left behind. If the tenant informed the landlord in writing that the personal property is abandoned, the landlord may dispose of it immediately. However, if there is no written notice from the tenant in regards to the personal belongings, the landlord must wait 30 days before disposing of the belongings. The belongings can be left in the rental unit or moved to a storage unit at the discretion of the landlord. After 30 days, the landlord can legally dispose of any belongings left unclaimed by the tenant.
VerticalRent® is not a law firm, and the employees of VerticalRent® are not acting as your attorney.Our free eviction notice service is not a substitute for the sound advice of a local attorney, whom is familiar with your local laws and regulations.VerticalRent® cannot provide you with legal advice, nor are we permitted to engage in the practice of law.Therefore, we are prohibited from providing you with any sort of advice, opinion, explanation, or recommendation about your possible legal rights – which may include remedies, options, defenses, or the selection of landlord forms available on the VerticalRent platform.
Our platform is designed to provide landlords and property managers with an education portal to share ideas, connect with one another, screen applicants, collect rent online, advertise vacancies, and generate free landlord forms.To that extent, our blog and community often publishes general information on legal issues commonly encountered by landlords – such as evicting tenants.
Although VerticalRent takes every reasonably effort possible to ensure the accuracy of its consumer reports and landlord forms, we do not guarantee or warrant the information to be correct, complete, or up - to - date.The law changes rapidly in across the United States, from jurisdiction to jurisdiction.
Finally, it should be noted that VerticalRent is not responsible for any loss, injury, claim, damage, or liability related to the use of our landlord forms or consumer reports generated from this platform.