West Virginia Tenant Self-Help Clause

State:
Multi-State
Control #:
US-OL1003
Format:
Word; 
PDF
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Description

This office lease clause is describes the self-help right that can be exercised only after a long term notice in an emergency, as well as in a non-emergency. The tenant needs to illustrate rationale and the underlying basis for a utilization of self-help as well as the reasonableness of the charges for which the tenant is seeking reimbursement.

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FAQ

Any use or attempt at self-help eviction is against the law in West Virginia. They are done in an attempt to force the tenant to move out of the property without legal action.

§37-6-5. A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same.

2. Timeline Lease Agreement / Type of Tenancy / Rent PaymentTermination Notice to ReceiveWeek-to-week7-Day Notice to QuitMonth-to-month30-Day Notice to QuitYear-to-year90-Day Notice to Quit

§37-6-19. Right of reentry; ejectment; unlawful detainer; judgment by default.

Code § 55-3A-1, the landlord may evict the tenant from the property for the following reasons: Tenant did not pay rent on time. Tenant violated tenancy agreement or didn't perform duties. Tenant caused (or allowed others to cause) property damage due to abuse or negligence.

Examples of illegal "self-help" evictions include changing the locks, taking the tenant's belongings, removing the front door, or turning off the heat or electricity. Many states specify how much money a tenant can sue for if the landlord has tried to illegally evict the tenant through some sort of self-help measure.

(a) Except in cases where it is otherwise specially provided by law, legal interest shall continue to be at the rate of $6 upon $100 for a year, and proportionately for a greater or less sum, or for a longer or shorter time, and no person upon any contract other than a contract in writing shall take for the loan or ...

Pursuant to §37-6-5. Notice to Terminate Tenancy ? Week to Week Lease: For any lease under the term of one year, either party can terminate the lease by providing the other party written notice prior to the end of the lease. For a week to week lease, 7 days notice must be provided in ance with §37-6-5.

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West Virginia Tenant Self-Help Clause