West Virginia Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession

State:
Multi-State
Control #:
US-1016LT
Format:
Word; 
Rich Text
Instant download

Description

This multi-state form covers the subject matter described in the form's title.This is a letter written by the Tenant to the Landlord explaining that the law generally provides that as Landlord he/she may regain possession of the leased premises in accordance with the terms of the lease by Tenant surrendering possession, or by appropriate court action, or based on Tenant's abandonment of the property. This letter is designed to put Landlord on notice that he/she is not permitted to use other illegal means to gain repossession of the premises.
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FAQ

If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.

In South Carolina, the Writ of Ejectment allows the county sheriff to remove the renter forcibly. Once issued, the renter will have five days to vacate the premises. Once evicted, you may find that the tenant has left behind some personal belongings.

The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;

Benefits of Suing Your Landlord Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court.

Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.

Know Your Landlord-Tenant Act. Be Aware of Scams. Get Tenant Insurance. Ask For a Walk-Through Inspection. Read the Lease Agreement. Understand Notices and Eviction Terms. Look Out For Your Safety.

An eviction stay of execution due to hardship under CCP 918 in California may be granted if the tenant satisfies the court that extreme hardship would occur but for the temporary delay. A landlord should oppose the motion and specify why the stay would be prejudicial and harmful to the landlord.

If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages.In some states, such as California and Arizona, you may be able to seek emotional distress damages if the landlord's actions were particularly egregious.

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West Virginia Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession