West Virginia Eviction Questionnaire for Tenants

State:
Multi-State
Control #:
US-Q1015
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of a tenant in an eviction matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

In West Virginia, unless your landlord gets a court order through one of these actions, your landlord can't evict you. Once the landlord gets the court order, only a law enforcement officer with a court order can remove you from the property. Landlords can't use self-help tactics to force a tenant to move out.

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.

Your landlord cannot evict you without a court order, no matter what your lease says. Your landlord cannot cut off your utilities, including water and electricity. Electric, water and gas utility companies are under a moratorium.

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.

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.

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.

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. They must not be asked to leave by the landlord.

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.

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West Virginia Eviction Questionnaire for Tenants