West Virginia Provision Dealing with Concurrent Work By Landlord and Tenant in the Premises

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Multi-State
Control #:
US-OL502
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Word; 
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Description

This office lease provision is detailing the conditions under which a landlord or tenant may have concurrent work done on the premises.

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FAQ

West Virginia is one of the best states for landlords in 2023. Homeowners in West Virginia pay the lowest annual property tax liability of all 50 states, at just $812.

Landlords and Premises Liability Claims Under West Virginia law, landlords have a duty to keep their property free and clear of hazards that can cause injury. Legal claims can arise when there is negligence in preventing or repairing a dangerous condition that leads to injury.

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

Landlord-tenant relationships are governed by a mixture of property law, contract law, and negligence law. Tom rented an apartment from Margaret on a month-to-month basis, with rent due on the first of the month. This type of tenancy is known as a "tenancy at will."

Once the tenant has given the landlord 14 days written notice concerning a defect or needed repair. If after that time, the landlord has not made the necessary repairs, the tenant can hire a professional to make the repairs and deduct a reasonable amount from their monthly rent.

§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.

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.

Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days' notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114).

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West Virginia Provision Dealing with Concurrent Work By Landlord and Tenant in the Premises