West Virginia Eviction Notice Templates
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The West Virginia Eviction forms are used when a tenant, aware or unaware, has broken their lease agreement and the landlord gives them notice. The most common type is for a missed rent payment but may be for any terms that were broken in the original lease agreement. To read the State’s full laws it is best to go to Chapter 37 Article 6 of the Legislature’s code.
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1. Notice
Before actually filing an eviction case in court in most states, the property owner must provide the tenant with written notice of the intention to evict. However, in West Virginia, the owner may file the eviction immediately if the tenant fails to pay rent, damages property, or breaks the lease. For month-to-month leases, owners must give 30 days’ notice, but they may evict for any reason under this type of lease.
2. Filing the Complaint
After the notice period has expired, or if there was no notice required, the landlord may then file an eviction complaint with the local clerk of court. If the landlord only wants to remove the tenant from the property, he or she should seek a Summary Eviction. Alternatively, if the landlord wants to sue the tenant for payment as well, then the landlord would need to file an Unlawful Detainer complaint. The sheriff will serve the complaint and summons to the tenant, informing the tenant when and where the eviction hearing will take place.
The hearing is typically held 5 to 10 days after the tenant is served. Tenants must answer the complaint or else the property owner could win the eviction by default.
3. Court Hearing
The hearing will be before a judge unless one of the parties requests a jury trial. Each side may present their case and any evidence to support it. Both parties should bring all relevant documents, such as the lease and any payment or check receipts, and any other evidence such as witnesses or photographs of damage.
Should the landlord win, the judge will issue an order requiring the tenant to leave the property by a certain date. If the tenant does not leave by that time, the sheriff would forcibly remove the tenant. The tenant may request for a longer period, however, or even appeal the decision.
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