This Answer for Wrongful Occupation of Residential Property is filed by the respondent and in this case denying the matters set forth in the petition. Once served, the respondent is required to file an answer either admitting or denying the allegations as detailed in the complaint.
West Virginia Answer - Wrongful Occupation of Residential Rental Property
State:
West Virginia
Control #:
WV-RH-213-05
Format:
PDF
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How to fill out West Virginia Answer - Wrongful Occupation Of Residential Rental Property?
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FAQ
Tenants may be able to file their complaints with their city or county rent control board, local tenant association, rental housing association, district attorney's office and consumer protection agency. California residents can find the appropriate agencies based on the nature of their complaint by contacting the
Go to the Magistrate Clerk's office in the county where your problem is located and ask for a Civil Complaint. You can also find the Civil Complaint online. Fill in your name and address. Then fill in the defendant's name and address.
A landlord who wants to evict a tenant must have a good reason (legal cause) to do so. West Virginia defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy.
West Virginia Eviction Process Timeline Initial Notice Period 30-90 days, but only required for no lease/end of lease evictions. Issuance/Service of Summons and Complaint Within 10 days before the hearing; but if not served within 120 days, the eviction case may be dismissed.
Tenants may also file a complaint with the Attorney General's Consumer Protection Division if landlords fail to return damage deposits. Complaint forms may be obtained by calling the consumer protection hotline, toll-free, at 1-800-368-8808.
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.
Injury at Rental Property: You could have a case for a lawsuit against your landlord if you are injured at the rental property due to a landlord's neglect. Filing an Illegal Eviction: You can countersue your landlord if you feel your landlord is trying to evict you illegally.
This notice will inform the tenant that the tenant has 21 days to either remedy the violation or move out of the rental unit. If the tenant does not remedy the violation or move, then the landlord can file an eviction lawsuit against the tenant at the end of the 30 days. (Va. Code Ann.
