The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
West Virginia Complaint for Unlawful Detainer by Commercial Tenants to Recover Possession, Past-Due Rent, Rental Value of Premises, and Attorney's Fees and Costs -
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How to fill out Complaint For Unlawful Detainer By Commercial Tenants To Recover Possession, Past-Due Rent, Rental Value Of Premises, And Attorney's Fees And Costs -?
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Talking to your landlord Once you've checked that what you're being asked to pay back is right, you should get in touch with your landlord. Explain why you've got behind with your rent payments. If you can pay off the arrears in full, do this as soon as possible.
Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days' notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114).
Commercial Rent Arrears Recovery (CRAR) is a statutory procedure which allows landlords of commercial premises to recover rent arrears by taking control of the tenant's goods and selling them.
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.
Forfeiture is a means for a landlord to terminate a lease, in the event of some default by the tenant. The right must be conferred expressly: there must be a 'forfeiture clause' or a 'proviso for re-entry'.
Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing ...
File a Consumer Complaint Option 1: Download and print the forms, fill it out by hand, and mail it (with any copies of documents related to the complaint) to: Office of the Attorney General, Consumer Protection Division, PO Box 1789, Charleston, WV 25326-1789.
Tenants should report any unfit housing conditions to the landlord, or to local government agencies such as the building code inspector, fire marshal, or health department.
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
Under West Virginia law, landlords have a duty to keep their property free and clear of hazards that can cause injury. Legal claims can arise when there is negligence in preventing or repairing a dangerous condition that leads to injury.