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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
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.
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.
Any guest staying in the property more than two weeks in any six-month period will be considered a tenant, rather than a guest, and must be added in the lease agreement. Landlord may also increase the rent at any such time that a new tenant is added to the lease or premise.
For a tenant with no lease or a month-to-month lease in West Virginia, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 calendar days to move out.
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A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the durational period of the tenancy (for example, a tenant who stays past the experation of his or her lease).
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.
Under West Virginia law, landlords are required to maintain rental housing in a fit and habitable condition from the time of move in until the time of move out. This means a landlord must make sure that rental housing measures up to all health, safety, fire, and housing code standards at all time.
The right to know the identity of your landlord. The right to live in the property undisturbed. The right to see the propertys energy performance certificate (EPC), which, except in very specific circumstances, should be rated a minimum of E. The right to be protected from unfair rent and unfair eviction.
Also, you must be given 90 days notice if there is no lease, or if there is a lease with fewer than 90 days remaining, or if you have a month-to-month lease. you should not withhold rent. Withholding rent entitles the landlord to issue a five day pay or quit instead of giving you a 30 day notice.

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