This Agreed Order that the Defendant Vacate the Property And Abide by the Lease represents a settlement between the parties to settle the matter in contoversy without a trial. Upon entry, the Clerk of the Court is directed to mail a certified copy of the Order to the attorney's on record.
West Virginia Agreed Order that Defendant Vacate the Property and Abide by the Lease
State:
West Virginia
Control #:
WV-RH-213-10
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PDF
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FAQ
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.
If you receive a Notice to Vacate from your landlord telling you to leave your home, it does not mean you are evicted. You cannot be evicted without an order of the court!Going to court will be costly for your landlord and you should try to settle the matter without legal proceedings.
Unfortunately that is not the case. Once a break notice has been served is cannot be unilaterally withdrawn. Even if both parties agree that the notice is withdrawn, service of the notice terminates the existing lease and creates a new tenancy by implication. There are a number of consequences that flow from this.
A landlord cannot legally evict you without a court order, whether or not you have a lease.) How long does it take for a landlord to evict a tenant? A landlord can evict a tenant only by going through a formal eviction proceeding, which can take a few weeks from start to finish.
For some landlords and property managers, a written email with all of the necessary information will do the trick. Keep your written notice simple and polite. Your notice to vacate letter is not the place to raise complaints or settle past issues with your landlord, property manager, or leasing staff.
This notice will inform the tenant that the tenant has 21 days to either remedy the violation or move out of the rental unit. If the tenant does not remedy the violation or move, then the landlord can file an eviction lawsuit against the tenant at the end of the 30 days. (Va. Code Ann.
Pay any delinquent rent that is due to the landlord within the allotted time of the notice. Move out of the premises within the allotted time of the notice. File an answer with the judicial court. File a motion to stay with the court.
West Virginia Eviction Process Timeline Initial Notice Period 30-90 days, but only required for no lease/end of lease evictions. Issuance/Service of Summons and Complaint Within 10 days before the hearing; but if not served within 120 days, the eviction case may be dismissed.