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How to Evict Step 1 ? Send Eviction Notice to Tenant. Immediate Notice (Non-Compliance, Non-Payment, Illegal Activity) ... Step 2 ? File in Court. Average Processing Time. ... Step 3 ? Serve the Tenant. Step 4 ? Attend a Court Hearing. Tenant Rights. Step 5 ? Obtain a Writ of Possession. Step 6 ? Repossess the Property.
The West Virginia eviction process states that landlords cannot force a tenant to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental term ends.
West Virginia Tenants may be able to change the locks without permission from the landlord first.
In Virginia, no lease, no rent payments, and no move-out deadline makes the person a tenant-at-sufferance, and they can be kicked off the property without going to court or involving law enforcement.
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
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.
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.
Grace Period: There is no mandatory grace period in West Virginia. NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge a fee of $25 (WV Code § 61-3-39e). Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent.