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The big take-away is that in most circumstances a landlord cannot enter a property without agreement from the tenant. And If the landlord ignores the law and enters the property without permission, the tenant may be able to claim damages or gain an injunction to prevent the landlord doing it again.
State law prohibits landlords from entering rental housing without either the consent of the tenant or providing reasonable notice in advance, unless circumstances require the landlord to perform emergency repairs.
If a tenant refuses access you should make them aware that this is a breach of contract and they may be sued for damages. Take this opportunity to remind them of their legal obligations to allow access for repairs.
Security Deposit West Virginia does not limit the amount a landlord may charge for the security deposit. However, landlords must return the deposit within 60 days of the tenant moving out. Raising Rent Landlords in West Virginia may increase the rent to any amount for any reason with no notice.
Do squatters actually have rights? Yes, long-term squatters do have rights. The law suggests that in specific circumstances, long-term squatters can sometimes become the registered owner of the property they've occupied without the original owner's permission. This is often referred to as adverse possession.
If you believe you have squatters on your property, the first thing you need to do is call the police. At this point you will ask the squatters to leave. If they claim squatters' rights or claim that they are a legal tenant, then you have to serve them with an eviction notice.
Because there is currently no state-level moratorium on evictions in West Virginia, the protections will not kick in unless the form is filled out and submitted to the landlord. If you can, take a picture or keep a copy of the form for your own records.
Can a tenant refuse entry to a landlord or letting agent? Yes, they can. In 99% of cases a tenant refusing entry to a landlord will usually boil down to convenience, or lack thereof. Simply adjusting the time and date will be enough to gain access to the property.
In West Virginia, it takes 10 years of continuous possession for a squatter to make an adverse possession claim (W. Va. Code § 55-2-1, et seq.). When a squatter claims adverse possession, they can gain legal ownership of the property.
In all states, a landlord can enter the property in an emergency without notice or permission. For example, if a burst pipe in your apartment is leaking into the unit downstairs, your landlord may enter or send someone from the maintenance crew to enter your home if you're not there.