West Virginia Tenant Background Check

 

West Virginia Eviction Laws

 

One of the few states, West Virginia, has laws and rules to safeguard landlords and tenants. These regulations aid in ensuring that evictions are carried out in a just and legitimate manner. 

 

West Virginia Eviction Process

 

The eviction procedure in West Virginia starts when a landlord gives a tenant a notice to leave the property. The landlord must sign the notice, which must include the state of the tenant's estimated departure date. The notice may be for a set or definite amount of time, depending on the situation. 

Then, the renter must either abide by the notification or contest it in court. The tenant must go before the judge and make a strong legal argument if they decide to contest the eviction. Examples of legitimate defenses include the tenant's improper notice, the landlord's failure to complete the required repairs or a violation of the terms of the lease. 

The landlord may file a court eviction complaint if the tenant doesn't leave the property by the deadline. The eviction complaint must include a copy of the notice to vacate and any other supporting documentation the landlord wants to use in court. 

The court will then issue a summons and deliver it to the renter. The summons will provide the tenant notice of a hearing date so they can prepare a defense. The landlord may prevail in court by default if the renter is not present. 

If the judge rules in the landlord's favor, they will issue a writ of possession, allowing the landlord to evict the tenant and seize whatever personal items they may have left behind. A minimum of 24 hours notice must be given to the renter before the sheriff can seize the property. 

 

West Virginia Eviction Laws Without Lease

 

West Virginia is a state that favors landlords, giving them a range of legal options if a renter doesn't pay rent. Although a written lease is not necessary for a tenancy to be valid, it is strongly advised to have one to safeguard both the landlord's and tenant's rights. The rights and obligations of both parties are governed by West Virginia's common law of landlord-tenant in the absence of a signed lease. 

Following West Virginia law, a landlord has the right to evict a tenant without a lease for several reasons, including failure to pay rent or to breach a crucial tenancy provision. The landlord has the right to give the tenant a written notice to quit within three days if the rent is not paid. In addition, the landlord may file an eviction complaint in magistrate court if the tenant does not pay the rent or evacuate the property within three days. 

The landlord may give the tenant written notice to remove the premises within 30 days if the tenant has broken a material term of the rental agreement. The landlord may file an eviction complaint in magistrate court if the tenant does not abide by the notification. 

The landlord may give the tenant a notice to leave within 24 hours if the tenant has broken the law on the landlord's property. The landlord may file an eviction complaint in magistrate court if the tenant does not abide by the notification. 

The magistrate court will issue a writ of possession if the landlord wins the eviction case, enabling the landlord to remove the tenant from the property immediately. The court will also enter a judgment for the landlord's past-due rent, court expenses, and, if necessary, legal costs. 

The use of self-help eviction techniques by landlords, such as changing the locks or taking the tenant's belongings, is forbidden by West Virginia law.

 

West Virginia Tenant Rights

 

Landlords in West Virginia must charge renters an appropriate and fair rent for their properties. Except as provided in the lease, landlords are not permitted to raise the rent during the lease period. A written notice of any rent increase must also be given to renters by landlords at least 30 days before it takes effect. 

 

Safety

 

Landlords in West Virginia must maintain their rental homes in a secure and livable state. This entails ensuring that all plumbing, heating, and air conditioning systems are functional and that any current safety issues are immediately fixed. If tenants think their landlord is not doing enough to ensure their safety, they can make a formal complaint to their local housing authority. 

 

Rent

 

Landlords in West Virginia must charge renters an appropriate and fair rent for their properties. Except as provided in the lease, landlords are not permitted to raise the rent during the lease period. A written notice of any rent increase must also be given to renters by landlords at least 30 days before it takes effect. 

 

Discrimination

 

Landlords are prohibited from discriminating against tenants in West Virginia based on their race, color, national origin, religion, sex, familial status, or disability. Additionally, it is against the law for landlords to make any erroneous or deceptive claims regarding a tenant's capacity to pay rent. 

 

Eviction

Landlords in West Virginia must give written notice of any eviction to tenants before bringing legal action. Following that, tenants must be given ten days to stop the eviction or face a hearing. After that, the court may issue an eviction order if the tenant is determined to be in breach of the lease. 

The laws of West Virginia offer tenants specific legal protections designed to guarantee that their rights are upheld and that their landlords treat them fairly. To safeguard themselves from potential infractions, tenants should become informed of their legal rights and obligations.