West Virginia Notice and Demand for Delivery of Possession for Willful Destruction or Damage to Premises
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How to fill out Notice And Demand For Delivery Of Possession For Willful Destruction Or Damage To Premises?
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FAQ
In West Virginia, felonies are serious crimes that call for incarceration in state prison for at least one year along with a possible fine. Misdemeanors, in comparison, are also serious offenses, but get shorter sentences in a county jail.
Vandalism is punished based on the value of the property. If you are convicted of the Felony form of Vandalism, you face up to three years in a state prison, a fine of up to $50,000, or both prison and a fine.
(b) Any person who unlawfully, willfully and intentionally destroys, injures or defaces the real or personal property of one or more other persons or entities during the same act, series of acts or course of conduct causing a loss in the value of the property in an amount of $2,500 or more, is guilty of the felony
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.
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.
No. Government Gazette No: 43167 dated 26 March 2020 makes it clear that all evictions and execution of attachment orders, both movable and immovable, including the removal of movable assets and sales in execution is suspended with immediate effect for the duration of the lockdown.
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.
Evicting a tenant in West Virginia can take around one to three months, depending on the eviction type and whether a jury trial or removal to circuit court is requested. If a writ of possession is required, the process could take even longer (read more).
The West Virginia eviction process states that landlords cannot force a tenant to vacate the property without probable cause. As long as the tenant does not violate any rules, they can stay until their rental term ends.
If the value of the money, goods or other property is $1,000 or more, such person is guilty of a felony, and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one year nor more than ten years, or, in the discretion of the court, be confined in jail not more than one year and be fined not
