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NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a ?tenant at sufferance.? This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from ?tenant? to ?trespasser? very quickly.
If a tenant is behind on rent or has violated certain provisions of the rental agreement, a landlord may go directly to court and file an action to evict him or her without giving prior written notice. Notably, a landlord cannot forcibly evict a tenant without first going to court.
Eviction is a legal action a landlord files in a court to get permission to force the tenant to move out. West Virginia has two types of evictions ? summary ejectment and unlawful detainer actions. In West Virginia, unless your landlord gets a court order through one of these actions, your landlord can't evict you.
How to Evict Step 1 ? Send Eviction Notice to Tenant. Immediate Notice (Non-Compliance, Non-Payment, Illegal Activity) ... Step 2 ? File in Court. Average Processing Time. ... Step 3 ? Serve the Tenant. Step 4 ? Attend a Court Hearing. Tenant Rights. Step 5 ? Obtain a Writ of Possession. Step 6 ? Repossess the Property.
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.
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.
West Virginia law requires landlords to provide tenants with proper written notification in advance of any attempt to evict a person from rental property, unless the tenant has failed to pay rent or has otherwise violated the terms of the rental agreement.