West Virginia Notice of Landlord's Lien and of Sale

State:
Multi-State
Control #:
US-01020BG
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Word; 
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Description

A landlord's lien is a lien on a tenant's property for the satisfaction of unpaid rent or property damage. There are three types of liens: common-law liens, equitable liens, and statutory liens. A common-law lien gives a lienholder the right to retain possession of the property until the owner of the property satisfies the debt owed the lienholder. Statutory liens frequently expand the rights of the lienholder by modifying common-law liens or by creating new liens that did not exist at common law.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If the landlord sells the property, the tenant (lessee) has the same rights against the new owner (grantee) as s/he had against the original owner (grantor). However, the lease would be controlling. Read the lease carefully to see if it says anything about the tenant's rights after the landlord sells the property.

In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.

You can sell your rental property with sitting tenants. However, it's important to remember that your tenants have certain rights. You should always inform sitting tenants of your intention to sell before putting your property on the market and explain your reasons for doing so.

Virginia: A landlord needs to give 24 hour notice to enter the property as required in code section 55.1-1229.

Month-to-Month If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. Year-to-Year If the tenancy is from year-to-year, a landlord must provide the tenant with a 90-Day Notice to Quit.

Notice Requirements for Virginia Landlords A landlord can simply give you a written notice to move, allowing you 30 days as required by Virginia law and specifying the date on which your tenancy will end. (The rental agreement may provide for a different notice period.)

West Virginia is a very landlord-friendly state because of the lack of rent control laws and there are very few restrictions on evictions.

Yes, a landlord can certainly sell his property, even with you living there under a lease. The good news is that the lease doesn't go away. The new owner has to buy the place with you in it. The buyer simply steps into the shoes of your current landlord.

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West Virginia Notice of Landlord's Lien and of Sale