West Virginia Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term

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US-03315BG
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Description

Unlawful detainer applies to a tenant who holds over against a landlord after there has been a termination of the tenancy and an unsuccessful demand for possession. The action may relate to either residential or commercial property.


An unlawful detainer action may only be used when the tenant is unlawfully holding over. Since an action in an unlawful detainer involves a forfeiture of the tenant's right to possession, the landlord must plead and prove that the tenant remains in unlawful possession of the premises. If the tenant surrenders the premises to the landlord before the filing of the complaint, the landlord's remedy is an action for damages and rent.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and may also recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance of the ...

However, if your landlord gives you proper written notice, files a Summons for Unlawful Detainer, goes to a court hearing, gets an Order of Possession from the court, and gets a ?Writ of Eviction? from the court, you almost certainly will have to move.

For example, if a landlord successfully proves their case in court and obtains a judgment for possession, they can legally regain control of the property. The court may also award the landlord compensation for any unpaid rent or other damages incurred during the eviction process.

Holdover Tenants If week-to-week, as the landlord, you must serve them a 7-Day Notice to Quit. If month-to-month, then you must serve them a 30-Day Notice to Quit.

30-day letter (Notice to Quit) for contractual issues. This notice applies if the tenant is in violation of the lease/rental agreement. The landlord gives the tenant written notice to vacate the premises within 30 days.

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement.

Generally, a landlord can terminate a lease without reason at the expiration of the lease term. That means your landlord is under no obligation to renew your lease or allow you to stay on the property for additional time unless you are able to invoke an anti-retaliation law.

As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).

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West Virginia Complaint for Unlawful Detainer - Residential Tenant Holding Over after Expiration of Term