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West Virginia Motion for Immediate Possession of Rental Property

State:
West Virginia
Control #:
WV-RH-193-05
Format:
PDF
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A05 Motion for Immediate Possession of Rental Property
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FAQ

Notice to Tenants. Before an unlawful detainer lawsuit begins, the landlord must give the tenants a written notice. Tenants Don't Move. Tenant Response to the Lawsuit. Follow the Law.

There are two kinds of possessionactual possession and constructive possession. A person who knowingly has direct physical control of a thing at a given time is then in actual possession of it.

Most property is social. A house is used by an entire family. The fact that it legally "belongs to" only one person is at odds with who possesses it.Further comparison between possession and ownership: a person possesses their body, they do not own it.

The main difference between possession and ownership is that possession is requiring a physical custody or control of an object while ownership is the right through which something goes to someone.Ownership is the right which grants a thing or objects to a person in a manner that the thing belongs to that person.

In law, possession is the control a person intentionally exercises toward a thing.In all cases, to possess something, a person must have an intention to possess it. A person may be in possession of some property (although possession does not always imply ownership).

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West Virginia Motion for Immediate Possession of Rental Property