Can you kick someone out of your house in West Virginia? - iPropertyManagement.com (2024)

FAQs

Can you kick someone out of your house in West Virginia? ›

If a tenant is behind on rent or has violated certain provisions of the rental agreement, a landlord may go directly to court and file an action to evict him or her without giving prior written notice. Notably, a landlord cannot forcibly evict a tenant without first going to court.

A landlord who wants to end a month-to-month tenancy but does not have legal cause for eviction, can give the tenant a written 30-day notice to move. This notice must inform the tenant that the landlord is terminating the tenancy and that the tenant must move out of the rental unit by the end of 30 days.

Lay out your reasons for asking them to leave, and let them know that you understand how hard this is. Speak to them as you would a co-worker, sticking to the facts and not emotional outbursts. Say, "We've enjoyed having you, but we unfortunately need our space back and have to ask you to leave in the next two weeks."

(a) A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry if the occupant reasonably ...

So in summary, West Virginia squatters can claim adverse possession and potential legal ownership by occupying a property continuously for 15 years openly and exclusively. Or they can claim ownership in only 5 years if they have color of title to the land in addition to their occupation.

No, an eviction notice does not have to be notarized to be legally binding. While the laws may vary slightly from state to state, an eviction notice only requires the signature of the landlord or landlord's agent.

To evict a tenant with no lease or a “tenant at will”, a landlord must serve them an X-Day Notice to Quit. The proper notice period a landlord gives depends on the length of rental period.

Is West Virginia a landlord-friendly state? ›

West Virginia is considered to be a relatively landlord-friendly state. While the state laws do provide some basic protections for tenants, such as the warranty of habitability and the right to withhold rent for necessary repairs, it does not have many additional tenant protection laws like some other states do.

They can stay with you without being on the lease as long as they don't intrude on the leasee rights. If they don't want to be on the lease but they don't want to pay rent either, you need to have an alternative agreement with them. This can be a verbal agreement, but it's best to put it in writing.

A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same.

Tenants should report any unfit housing conditions to the landlord, or to local government agencies such as the building code inspector, fire marshal, or health department.

Yes, West Virginia law states that tenants must give at least 30 days' written notice before breaking a lease. However, if there is a specific time frame outlined in your lease agreement, you must adhere to that timeline.

Section 8-1-5a of the West Virginia Code creates a Home Rule Board and enables municipalities approved by the Board to exercise a considerable degree of local autonomy.

To evict a month to month tenant, you must terminate the occupancy by sending a 30 day Notice of Termination. See Virginia Code §55-222. If the 30 day period expires and your houseguest has failed to vacate your property, you then simply follow the steps of the eviction process.

The first step is to provide them with a 30 day notice to vacate. Hopefully, they leave voluntary before this 30 day period expires. If they are still living in the home at the end of that 30 day period, an Unlawful Detainer action can be filed against them in the local General District Court.