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Month-to-Month If rent is paid on a month-to-month basis, a landlord must provide the tenant with a 30-Day Notice to Quit. Year-to-Year If the tenancy is from year-to-year, a landlord must provide the tenant with a 90-Day Notice to Quit.
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. They must not be asked to leave by the landlord.
According to the West Virginia eviction law, anyone over the age of 18 and is uninvolved in the case must deliver the court order a.k.a. the Summons for the eviction hearing and the Complaint to the tenant.
Provide the tenant one month notice regarding intention to evict. File a Wrongful Occupation lawsuit. Have a sheriff or other officer serve official papers on tenant. Attend magistrate hearing.
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.
In the state of West Virginia, if tenants holdover, or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.
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.
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.