West Virginia Complaint for Breach of Lease

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Multi-State
Control #:
US-60923
Format:
Word; 
Rich Text
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Description

Plaintiff and defendant entered into an agreement for the leasing of a shopping center. Plaintiff contends that defendant stopped paying the lease payments and is in default of the lease agreement. Plaintiff demands that defendant pay the balance of the lease agreement.
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FAQ

Unlike in most other states, a landlord in West Virginia does not need to give the tenant written notice before filing an eviction lawsuit against the tenant. (W. Va. Code § 55-3A-1 (2021).) Landlord-friendly states - RentSpree rentspree.com ? blog ? landlord-friendly-sta... rentspree.com ? blog ? landlord-friendly-sta...

Early Termination Clause In West Virginia, an early termination clause can allow a tenant to break a lease early, without penalty. A tenant could only break the lease if an early termination clause exists in the agreement. In West Virginia, a landlord is not required to include an early termination clause.

Tenants may also file a complaint with the Attorney General's Consumer Protection Division if landlords fail to return damage deposits. Complaint forms may be obtained by calling the consumer protection hotline, toll-free, at 1-800-368-8808.

Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days' notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114). West Virginia Landlord Tenant Laws - Innago innago.com ? west-virginia-landlord-tenant-laws innago.com ? west-virginia-landlord-tenant-laws

Tenants should report any unfit housing conditions to the landlord, or to local government agencies such as the building code inspector, fire marshal, or health department. Renters' Rights - WV Attorney General wv.gov ? consumerprotection ? Documents wv.gov ? consumerprotection ? Documents

Once the tenant has given the landlord 14 days written notice concerning a defect or needed repair. If after that time, the landlord has not made the necessary repairs, the tenant can hire a professional to make the repairs and deduct a reasonable amount from their monthly rent.

West Virginia law requires landlords to provide tenants with proper written notification in advance of any attempt to evict a person from rental property, unless the tenant has failed to pay rent or has otherwise violated the terms of the rental agreement. Renters' Rights: - WV Attorney General WV Attorney General (.gov) ? documents WV Attorney General (.gov) ? documents PDF

Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

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West Virginia Complaint for Breach of Lease