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West Virginia Civil Summons - Wrongful Occupation of Residential Rental Property

State:
West Virginia
Control #:
WV-RH-213-02
Format:
PDF
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Description

This Civil Summons notifies the respondent that he/she is required to appear in court at a hearing on an action for Wrongful Occupation Of Residential Rental Property at the date and time specified in the Summons. The process server is required to complete the bottom section of the Summons indicating that the Summons was in fact served, and the means by which process was effectuated.

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FAQ

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.

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.

A landlord cannot legally evict you without a court order, whether or not you have a lease.) How long does it take for a landlord to evict a tenant? A landlord can evict a tenant only by going through a formal eviction proceeding, which can take a few weeks from start to finish.

The process eviction literally can take anywhere between 14 days to 6-8 months, typically. I know, not the most useful answer! But the reality of how long an eviction will take is dependent on the circumstances; mostly what it boils down to is how wilful your tenant is.

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West Virginia Civil Summons - Wrongful Occupation of Residential Rental Property