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West Virginia Tenant Background Check

West Virginia Tenant Screening

West Virginia (WV) tenant screening is an important step for landlords and property owners to take when selecting tenants for their rental properties. It is important to ensure that the prospective tenant meets certain criteria before renting out a property. Tenant screening includes a variety of methods, such as running a criminal background check, conducting a credit check, verifying rental and employment histories, and more.

 

Criminal Background Check: This is a crucial part of the tenant screening process. It helps to determine if the prospective tenant has a criminal history and whether they have been convicted of any crimes. This type of check will also provide information on any outstanding warrants, arrests, and other criminal activity.

 

Credit Check: This is another important part of the tenant screening process. A credit report will provide information on the tenant's creditworthiness, including their payment history, debt load, and credit score. This will help landlords and property owners to assess the potential tenant's ability to meet their financial obligations.

 

Rental and Employment History: This is also an important step in the tenant screening process. A tenant screening report will provide information on the prospective tenant's rental and employment history. This includes past landlords and employers, as well as any evictions or judgments they may have incurred. This information can help landlords and property owners to assess the tenant's ability to pay rent and maintain the property.

 

Income Verification: This is another important step in the tenant screening process. This is usually done by obtaining a copy of the tenant's pay stubs or other forms of income verification. This will help to ensure that the tenant can afford the rent and other obligations associated with the rental property.

 

These are just a few of the steps involved in the tenant screening process in West Virginia. Landlords and property owners should always conduct thorough tenant screening in order to ensure that the prospective tenant meets their criteria. By doing so, they can protect their rental property and ensure that their tenant is responsible and capable of meeting their obligations.

 

West Virginia Eviction Laws

 

West Virginia is one of the few states that has specific laws and regulations in place to protect both landlords and tenants. These laws help to ensure that evictions are conducted in a fair and legal manner.

 

West Virginia Eviction Process

 

In West Virginia, the eviction process begins when a landlord issues a tenant with a written notice to vacate the premises. The notice must be signed by the landlord and include the date on which the tenant is expected to vacate. Depending on the circumstances, the notice may be for a fixed or indefinite period of time. 

 

The tenant must then either comply with the notice or challenge it in court. If the tenant chooses to challenge the eviction, they must appear before a judge and present a valid legal defense. Examples of valid defenses include the tenant’s failure to receive proper notice, the landlord’s failure to make necessary repairs, or a breach of lease terms. 

 

If the tenant fails to vacate the premises by the specified date, the landlord may file an eviction complaint in court. The eviction complaint must include a copy of the notice to vacate and any additional evidence the landlord wishes to present in court. 

 

The court will then issue a summons, which must be served on the tenant. The summons will inform the tenant of a court date, where they can present their defense. If the tenant fails to appear in court, the landlord can win the case by default. 

 

If the judge rules in favor of the landlord, they will issue a writ of possession, which authorizes the landlord to remove the tenant from the premises and take possession of any personal property left behind. The tenant must be given at least 24 hours notice before the sheriff will take possession of the property. 

 

West Virginia Eviction Laws Without Lease

 

West Virginia is a landlord-friendly state, offering landlords a variety of legal remedies if a tenant fails to pay rent. While a written lease is not required for a tenancy to be valid, it is highly recommended to protect the rights of both the landlord and tenant. In the absence of a written lease, West Virginia’s common law of landlord-tenant governs the rights and obligations of both parties.

 

Under West Virginia law, a landlord may evict a tenant without a lease for a variety of reasons, including failure to pay rent or for violating a material term of the rental agreement. In the event of nonpayment of rent, the landlord may send the tenant a written notice to vacate within three days. If the tenant does not pay the rent or vacate within the three day period, the landlord may file a complaint in magistrate court for eviction. 

 

If the tenant has violated a material term of the rental agreement, the landlord may send the tenant a written notice to vacate within 30 days. If the tenant does not comply with the notice, the landlord may file a complaint in magistrate court for eviction. 

 

If the tenant has committed a criminal act on the landlord’s property, the landlord may send the tenant a written notice to vacate within 24 hours. If the tenant does not comply with the notice, the landlord may file a complaint in magistrate court for eviction.

 

If the landlord prevails in the eviction action, the magistrate court will issue a writ of possession, which allows the landlord to immediately evict the tenant from the premises. The court will also enter a judgment for the landlord for past due rent, court costs, and attorney’s fees, if applicable.

 

It is important to note that West Virginia law prohibits landlords from engaging in self-help eviction, such as changing the locks or removing the tenant’s personal property. I

 

West Virginia Tenant Rights

 

Tenants in West Virginia have certain legal protections that are provided by the state of West Virginia. These rights include the ability to live in a safe and healthy environment, to receive a fair and reasonable rent payment, and to be free from discrimination.

 

Safety

 

West Virginia landlords must keep their rental properties in a safe and habitable condition. This includes making sure that all electrical, plumbing, heating and air conditioning systems are in working order and that any existing safety hazards are promptly addressed. Tenants can file an official complaint with their local housing authority if they feel that their landlord is not adequately providing for their safety.

 

Rent

 

West Virginia landlords must charge tenants a fair and reasonable rent for their rental units. Landlords are not allowed to increase rent during the term of the lease, unless the lease specifically states otherwise. In addition, landlords must provide tenants with a written notice of any rent increase at least 30 days before the increase takes effect.

 

Discrimination

 

It is illegal for West Virginia landlords to discriminate against tenants based on their race, color, national origin, religion, sex, familial status, or disability. Landlords are also prohibited from making any false or misleading statements about a tenant’s ability to rent a property.

 

Eviction

 

West Virginia landlords must provide tenants with a written notice of any eviction prior to filing a lawsuit. Tenants must then be given a minimum of 10 days to cure the eviction or face an eviction hearing. In the event that the tenant is found to be in violation of the lease, the court may issue an order of eviction.

 

The laws of West Virginia provide tenants with certain legal protections that are meant to ensure that their rights are respected and that they are treated fairly by their landlords. Tenants should familiarize themselves with their rights and responsibilities under the law so that they can protect themselves from any potential violations.

 


Updated on 2022-12-08 08:41:10 by larry coleman

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