West Virginia Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant

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US-00895BG
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Description

A tenancy from month to month is one under which a tenant, holding an estate in land for an indefinite duration, pays a monthly rental. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a month-to-month tenant after the tenant has been give the statutory notice to quit (e.g., to give up or leave) the premises.

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FAQ

§37-6A-2. (c) In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant, advising him or her of that fact, within the applicable notice period.

The Writ of Possession is an official court order that gives the sheriff the right to forcibly remove the tenant from the property. Without it, law enforcement cannot remove the tenant through legal means.

An heir, devisee, grantee or assignee of any land let to lease, or of the reversion thereof, and his heirs, personal representative or assigns, shall enjoy against the lessee, his personal representative, devisees or assigns, the like advantage by action or entry upon any condition or forfeiture, or by action upon any ...

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.

Landlord to deliver premises; duty to maintain premises in fit and habitable condition.

§37-6-19. Right of reentry; ejectment; unlawful detainer; judgment by default.

A landlord who wants to end a month-to-month tenancy but does not have legal cause for eviction, can give the tenant a written 30-day notice to move. This notice must inform the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days.

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West Virginia Complaint to Recover Possession of Leased Premises After Giving Statutory Notice to Quit to Month-to-Month Tenant