West Virginia Notice to Tenant and Demand for Delivery of Possession for Disorderly Conduct of Tenant/Lessee
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How to fill out Notice To Tenant And Demand For Delivery Of Possession For Disorderly Conduct Of Tenant/Lessee?
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FAQ
A landlord who wants to evict a tenant must have a good reason (legal cause) to do so. West Virginia defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit. To evict the tenant for one of these reasons, the landlord must first terminate the tenancy.
Notice Requirements for Virginia Landlords A landlord can simply give you a written notice to move, allowing you 30 days as required by Virginia law and specifying the date on which your tenancy will end. (The rental agreement may provide for a different notice period.)
Because there is currently no state-level moratorium on evictions in West Virginia, the protections will not kick in unless the form is filled out and submitted to the landlord. If you can, take a picture or keep a copy of the form for your own records.
Your landlord can end the let at any time by serving a written 'notice to quit'. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.
But for now, the West Virginia Supreme Court isn't issuing any guidance to lower courts on how to handle MRAP eligibility. Instead, they flagged the Supreme Court decision lifting the federal eviction moratorium, and are leaving the rest up to local magistrates.
If you have a written agreement, then your landlord should only give you notice as stated in the agreement. If you do not have an agreement, then the landlord only has to give you reasonable notice (usually 2-4 weeks).
The national CDC eviction moratorium ended on August 26, 2021. Please reach out to legal services if you are worried about eviction. Virginia renters have special protection against evictions until June 30, 2022.
Are there any special protections for renters because of COVID-19? No. As of August 26, 2021, there are no special protections for renters in West Virginia. If you are facing eviction, you can be evicted through the court system.
The CDC's Eviction Ban Is No Longer in Place. On August 26, 2021, the Supreme Court granted the plaintiffs' request to vacate the District Court's stay. As a result of the Supreme Court's August 26, 2021 decision, the CDC's eviction ban is no longer in place.
In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.
