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Commonly Asked Questions about West Virginia Landlord Tenant Notices

NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from tenant to trespasser very quickly.
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.
A landlord may not evict a tenant in retaliation for complaints of unfit housing conditions. 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.
West Virginia Eviction Process On average, it would take anywhere between 1 month to 3 months for a complete eviction process. If you win the case, the judge will give you a Judgment of Possession. This will depend on the kind of judgment given by the court.
Eviction Restrictions: Landlords cannot evict tenants without a just cause. This includes providing appropriate written notice, except in cases of non-payment of rent or violation of lease terms. Any eviction must proceed through the court system to ensure due process.
Yes, tenants without a formal lease, such as those in a month-to-month tenancy, can be evicted in West Virginia. The landlord must provide the appropriate notice, typically a 30-day notice for month-to-month tenancies.
Eviction Process in West Virginia Landlord Files an Eviction Lawsuit with the Court. Court Serves Tenant a Summons. Tenant Files an Answer. Landlord and Tenant Attend Court Hearing and Receive Judgment. Tenant Gets a Specified, Court-Ordered Period to Move Out. Sheriff Returns to Forcibly Remove the Tenant.
2. Timeline Lease Agreement / Type of Tenancy / Rent PaymentTermination Notice to Receive Week-to-week 7-Day Notice to Quit Month-to-month 30-Day Notice to Quit Year-to-year 90-Day Notice to Quit Jun 13, 2024