A West Virginia Writ of Possession is an order issued by a court that grants someone the legal right to take possession of property. It is typically used to regain possession of property that has been wrongfully taken or held unlawfully. There are two types of West Virginia Writ of Possession: an immediate Writ of Possession, and a delayed Writ of Possession. An immediate Writ of Possession allows the person named in the Writ to take possession of the property immediately, while a delayed Writ of Possession allows the person named in the Writ to take possession of the property after a specified period of time. Both Writs can be requested by either the plaintiff or the defendant in a lawsuit.
West Virginia Writ of Possession
State:
West Virginia
Control #:
WV-SKU-0148
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PDF
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Writ of Possession
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ARTICLE 6. (a) If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month.
The landlord may dispose of personal property left on the property after thirty days without incurring any liability or responsibility to the tenant or any other person if the tenant has not paid the landlord the reasonable costs of leaving the personal property on the landlord's property and has not taken possession
Notice to terminate tenancy. A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same.
Rule 65 - Injunctions (a)Preliminary injunction. - (1)Notice. - No preliminary injunction shall be issued without notice to the adverse party. (2)Consolidation of hearing with trial on merits.
§37-6-19. Right of reentry; ejectment; unlawful detainer; judgment by default.
Any personal property left by tenant and stored for safekeeping must be removed by tenant by a date specified in the notice that is at least 30 days after the date the written notice was mailed, or if the tenant is on active duty in the armed forces of the United States, at least 60 days from the date of the notice.
A West Virginia Lease Termination Letter Form (30-Day Notice) is a legal document that is used by either the tenant or the landlord for the purpose of serving at least thirty (30) days notice of the end of a tenancy. This document will maintain compliance to state law and most rental agreements, for either party.
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.