West Virginia Eviction Notice for Spouse
Description
How to fill out Eviction Notice For Spouse?
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FAQ
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.
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.
Contrary to popular belief, eviction in the context of a divorce isn't like landlord/tenant eviction. Even if your name is the only one on the mortgage or lease, you cannot evict your spouse or make them leave the marital home simply because you want to or because the home ?belongs? to you.
Because you are married, both you and your spouse have the legal right to live in your marital residence, no matter whose name is on the deed or lease, and neither of you can evict the other. That should provide some comfort if your spouse has told you to get out, but you don't want to leave your home.
In the eyes of Virginia property is classified as either separate property or marital property. And even if the house is titled in your name only, it would still be considered a marital asset. So therefore, you would not be able to kick out the other spouse, because she is a spouse and not a tenant.
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 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.
The first step is to provide them with a 30 day notice to vacate. Hopefully, they leave voluntary before this 30 day period expires. If they are still living in the home at the end of that 30 day period, an Unlawful Detainer action can be filed against them in the local General District Court.
