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West Virginia Eviction Process Notice Received by TenantsAverage TimelineIssuance and Posting of Summons and Complaint10-120 daysCourt Hearing and Judgment5-10 daysIssuance of Writ of PossessionA few hours to a few weeksReturn of Rental UnitA few hours to a few days1 more row Aug 11, 2022
Bailiffs have to give you a notice of eviction with the date and time of your eviction. They have to give you the notice at least 14 days before they evict you. You might be able to ask the court again to delay the date youll need to leave - for example if you can now repay your arrears or youre going to be homeless.
When West Virginia Eviction Notice is Required. Written notice by the landlord is required if the lease is month-to-month or week-to-week. The landlord does not need a reason for the eviction but must provide one rental period of notice. If the lease is month-to-month, 30-days Notice is required.
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.
When West Virginia Eviction Notice is Required. Written notice by the landlord is required if the lease is month-to-month or week-to-week. The landlord does not need a reason for the eviction but must provide one rental period of notice. If the lease is month-to-month, 30-days Notice is required.
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Terminating a tenancy However, if you do not have a fixed-term tenancy, the landlord can ask you to leave during the first 6 months without giving a reason. They must serve a valid written notice of termination and give you a minimum 90-day notice period.
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.
Landlords can evict the tenant for failing to pay the rent in West Virginia. Rent is usually considered late a day past it is due. If a tenant does not pay rent on time, a landlord may start eviction.
Evicting a tenant in West Virginia can take around one to three months, depending on the eviction type and whether a jury trial or removal to circuit court is requested. If a writ of possession is required, the process could take even longer.
In West Virginia, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include not paying rent on time, staying after the lease ends, violating lease terms or not upholding responsibilities under West Virginia law. Even so, proper notice must first be given before ending the tenancy.

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