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West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package

State:
West Virginia
Control #:
WV-EVIC-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



7 Day Notice to Pay Rent or Lease Terminates - This form is used by a landlord to order the tenant to either pay the overdue rent by a stated deadline or move out of the dwelling by the expiration of the time period. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay or move out by the deadline, the landlord may begin eviction proceedings in court. If the landlord does not elect to proceed with termination or eviction but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant - This form is for use by a landlord to terminate a month-to-month non-residential lease. "Non-Residential" includes commercial, industrial, etc. property. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



30 Day Notice to Terminate Month to Month Lease - Residential from Landlord to Tenant - This is for use by a landlord to terminate a month-to-month residential lease. "Residential" includes a house, apartment, or condo. Unless a written agreement provides otherwise, the landlord does not need a reason for terminating the lease in this manner, other than a desire to end the lease. A month-to-month lease is one which continues from month-to-month unless either party chooses to terminate. Unless a written agreement provides for a longer notice, 30 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 30 days prior to the termination date. This form indicates that the landlord has chosen to terminate the lease, and states the deadline date by which the tenant must vacate the premises.



90 Day Notice to Terminate Year to Year Lease Prior to End of Term - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a year-to-year residential lease. "Residential" includes a house, apartment, or condo. Unless a written agreement provides otherwise, the landlord does not need a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year unless either party chooses to terminate. Unless a written agreement provides for a longer notice period, 90 days notice is required prior to terminating in this state. The notice must be given to the tenant within at least 90 days of the end of the current lease year. The form indicates that the landlord has chosen to terminate the lease, and states the deadline date (which is the end of the a yearly term) by which the tenant must vacate the premises.



Petition for Summary Relief for Wrongful Occupation of Residential Rental Property / Eviction - This form is filed by a landlord to seek removal of an unwanted tenant through the formal eviction process. This is an official form from the West Virginia Supreme Court, which complies with all applicable laws and statutes.

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  • Preview West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package

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FAQ

If you file an eviction (unlawful detainer) case and you decide you do not want to move forward, you can ask the court to dismiss the case.You included more than one tenant in your eviction case but have decided you only want to evict one or some of them, so you dismiss the case as to the others.

Addresses. Date. Tenant names. Status and date of the lease. Why the eviction notice is served (clear and concise explanation) Date tenant must vacate the property. Proof of service or delivery of notice.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

Dear (Name of landlord or manager), This letter constitutes my written (number of days' notice that you need to give based on your lease agreement)-day notice that I will be moving out of my apartment on (date), the end of my current lease. I am leaving because (new job, rent increase, etc.)

Address the Tenant(s) Named in the Residential Lease. List the Lease Information. Notify the Tenant of the Eviction. Give a Reason for the Eviction. Serve the Eviction Notice to the Tenant(s)

A landlord who wants to evict a tenant must have a good reason (legal cause) to do so. West Virginia defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

The date you're submitting your notice. The date you're moving. Information on your current home the address and the landlord's name. A statement declaring that you intend to leave the home. A straightforward statement that you're providing this letter, 30 days out, per your lease agreement.

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West Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package