West Virginia Eviction Laws

In West Virginia the landlord does not need to provide any kind of notice to the tenant if the eviction is for nonpayment of rent or for violation of a material provision in the rental agreement. He or she can directly go to court and file and serve a Summons and Complaint in Unlawful Detainer or a Petition for a summary eviction.

West Virginia Eviction Notice Recommended

Although it is not required, it is recommended that a landlord in West Virginia give an eviction notice as the more information the tenant gets, the better the chances are for the landlord to get the rent money or for the tenant to start complying with the lease terms.

Self-Eviction is unlawful

A landlord cannot evict a tenant without a court order and self eviction is illegal. Self eviction includes shutting off utilities, denying tenants access to the property by changing the locks, or removing the tenant’s personal property. Such actions can make the landlord liable to damages to the tenant.

Reasons for Tenant Eviction

Not paying the rent is the most common reason for eviction. However, there are many more reasons a landlord can attempt to evict a tenant. Violations of provisions in the rental agreement constitute reason for eviction. These include the following:

  • Expiration of the rental term
  • The tenant is engaged in criminal activity or has become a chronic nuisance
  • The rental property has been substantially damaged by the tenant or by someone under the tenant's control
  • Having unauthorized people or pets living in the property
  • Engaging in offensive conduct that affects the health and safety of other tenant
  • Denying access to the landlord despite reasonable and sufficient notice

When West Virginia Eviction Notice is Required

When the lease is month-to-month or week-to-week, written notice of one rental period by the landlord is required if the lease is month-to-month or week-to-week. The landlord does not need a reason for the eviction. If the lease is month-to-month, 30-days notice is required.

For more information about West Virginia eviction law please visit:

http://www.thelpa.com/free/WVtenantrights.pdf

http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=55&art=3A


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