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In West Virginia, a landlord can evict a tenant without a lease or with a lease that has ended (known as a ?holdover tenant? or ?tenant at will?). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
A landlord who wants to end a month-to-month tenancy but does not have legal cause for eviction, can give the tenant a written 30-day notice to move. This notice must inform the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days.
Eviction Reasons Violation of the lease/rental agreement. In West Virginia, a landlord may evict a tenant for violation the terms of the lease. ... Failure to Pay Rent. ... Conducting illegal activity. ... Non-renewal or termination of the lease after the rental term ends.
If you have received an eviction notice or you are at risk of losing your home, please contact one of our housing stability partners listed below. Tenants: If you have received an eviction notice from your landlord, contact Legal Aid of West Virginia for free legal assistance at 304-343-3013.
If a tenant is behind on rent or has violated certain provisions of the rental agreement, a landlord may go directly to court and file an action to evict him or her without giving prior written notice. Notably, a landlord cannot forcibly evict a tenant without first going to court.
Talk to Your Landlord You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
A West Virginia Lease Termination Letter Form (30-Day Notice) is a legal document that is used by either the tenant or the landlord for the purpose of serving at least thirty (30) days notice of the end of a tenancy. This document will maintain compliance to state law and most rental agreements, for either party.
You must file your Notice of Appeal within 20 days from the date of the decision in Magistrate Court. If you file the appeal before the Set Out Date, the appeal automatically stops the Set Out order until the Circuit Court makes a decision.