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According to the West Virginia eviction law, anyone over the age of 18 and is uninvolved in the case must deliver the court order a.k.a. the Summons for the eviction hearing and the Complaint to the tenant.
Currently, state law allows the landlord more time to fix issues that compromise the health and safety of the tenant. The tenant can file a detailed, written complaint and give notice that the rental agreement will terminate on or after 30 days, if the landlord hasn't fixed the issue within 21 days.
This may include dangerous hazards, like infestations, holes in the floors or walls, exposed electrical, or a broken furnace in the winter. Non-working cable television or out-of-date appliances typically do not make a rental uninhabitable, unless there is a dangerous condition associated with them, such as a gas leak.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
Currently, under the Virginia Landlord Tenant Act, if a landlord does not make a critical repair within 30 days, the tenants can file a Tenant Assertion and pay their rent to the court until the landlord completes the needed repair.
Landlords must respond to repair requests within 14 days to make necessary repairs. If a landlord is noncompliant after 14 days of notice, tenants have the right to hire a professional to repair the issue and deduct a reasonable amount from the following month's rent payment.
Because there is currently no state-level moratorium on evictions in West Virginia, the protections will not kick in unless the form is filled out and submitted to the landlord. If you can, take a picture or keep a copy of the form for your own records.
If the problem is an emergency (such as no heat in winter, or no water), your landlord must fix it immediately. This imeans within hours, or at most a day or two. For other repairs, you should give a reasonable time, such as 10-15 days, to make the repairs needed.
Mold Disclosure Requirements in Virginia Virginia landlords must disclose any visible mold to tenants before they move in. If there is mold, tenants have the option to terminate the tenancy or not take possession of the unit. If the tenant decides to stay, the landlord must remediate the mold within five days.
Under West Virginia law, landlords are required to maintain rental housing in a fit and habitable condition from the time of move in until the time of move out. This means a landlord must make sure that rental housing measures up to all health, safety, fire, and housing code standards at all time.