What is a West Virginia Eviction Notice or Notice to Quit?
When to use a West Virginia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- The lease or rental agreement has expired and the tenant has remained on the property.
- You want to terminate a month-to-month tenancy.
NOTICE TO PAY RENT
, West Virginia
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , West Virginia
PLEASE TAKE NOTICE that the tenancy dated
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF WEST VIRGINIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
West Virginia Eviction Notice FAQs
Can I evict tenants for past-due rent in West Virginia?
Generally speaking, the answer is yes. You may use a West Virginia Eviction Notice (specifically known as a Notice to Pay Rent or Quit) to begin the process. However, as a result of the pandemic, several protections and limitations have been put in place for tenants. Although the federal eviction moratorium was extended and then struck down, the state and municipal governments in West Virginia have the authority to create and enforce their own restrictions for evictions. Keep up with the consult a lawyer , if you are uncertain.
Why should a property owner write an Eviction Notice in West Virginia?
If you would like to legally remove tenants from a rental property, it may be helpful to provide them with a Notice of Eviction as a first step. Even if it isn't always mandated by law, this document can help you avoid going to court (as long as the tenant will comply.) Here are a few reasons why you may want one:
- The tenant is behind on rent payments
- The tenant sublets their unit in breach of the rental terms
- The tenant has caused unreasonable damage to the property
- The tenant creates a nuisance or disturbs the quiet enjoyment of their neighbors
- The tenant is using your property for an illegally zoned business
- The tenant has a pet and your lease contains a no-pets clause
In addition to violations, a renter generally can be evicted by a landlord due to other reasons unrelated to their conduct. For instance, when the property owner wishes to move back in. Keep in mind that the list presented above is not exhaustive and that the permitted reasons for tenant eviction can vary by municipality, among other determining factors. If you are having any particular doubts or questions related to West Virginia eviction laws, talk to an attorney.
How should a West Virginia Notice to Vacate be organized?
When ready, you can tap or click "Make document" to take a closer look at our West Virginia Eviction Notice sample and see what information you'll need to provide to personalize your eviction letter. Specific details to cover are:
- The location and description of the property
- The full legal name of each lessee
- Which lease clauses are not being met
- For what period of time rent has gone unpaid (if any)
- What the duration of the notice period will be
In the event that the tenants are not in the wrong, you have the ability to provide more context since the decision could likely be unexpected. With the Rocket Lawyer document tool, you have the ability to implement more modifications, as well. It is important to make sure that all of the policies and terms that you mention in the Eviction Notice are spelled out in the fully executed rental contract.
How will West Virginia eviction laws impact me as a landlord?
The law can change over time and the actual eviction process can be fairly complex for a first-timer. In certain instances, there will be varying notice periods or other requirements based on why the tenant is being evicted and how long they have occupied the unit. Consequently, it is strongly recommended that all property owners speak with a local eviction attorney before serving a Notice of Eviction on any tenant in West Virginia.
How can I write a West Virginia Eviction Notice template for free?
When you use Rocket Lawyer, your West Virginia Eviction Notice can be customized with your information and for your specific needs. Simply tap or click on the button labeled "Make document" and respond to a few standard questions. This method, in most cases, will be much less expensive and less time-consuming than finding and hiring the average provider.
What would I traditionally need to pay to evict a tenant in West Virginia?
The cost of finding and working with an attorney to write a Notice of Eviction might be between several hundred dollars and thousands. Different from the other websites you might come across, Rocket Lawyer offers more than an eviction form template. If you decide to proceed with an eviction lawsuit, your membership provides up to a 40% discount when you hire an attorney from our network. If you want to know what the complete cost of an eviction might be, you'll need to take into consideration the cost of filing court documents, attorney fees, the value of unrecovered rent payments, storage or cleaning fees, and lastly, the money and time spent finding replacement tenants.
How long does the West Virginia eviction process typically take?
The length of the eviction process for West Virginia depends on the notice period required, along with the total volume of lawsuits being held concurrently. Here is a general breakdown of West Virginia notice periods:
- Overdue rent: No notice is required by law
- Non-compliance with lease agreement: No notice is required by law
- No direct fault: 30-day notice
After the pre-defined notice period is over, the eviction itself may still take from 1 to 3 months. Please note that in particular kinds of housing, including where the rent is subsidized, the notice period is often longer.
Should I hire a lawyer if I am evicting someone in West Virginia?
While you may prefer to create a Notice to Vacate on your own, many landlords who end up going to court have legal representation. Seeking out a legal professional to review your West Virginia Eviction Notice might be relatively time-consuming. An easier alternative is via the Rocket Lawyer On Call® network. When you sign up for a Premium membership, you can have your document examined by an experienced real estate attorney. Whether you decide to create multiple WV Eviction Notices or other legal documents, Rocket Lawyer will be here for you.
What steps should I take after creating a Notice of Eviction/Notice to Quit in West Virginia?
After creating your West Virginia Eviction Notice on Rocket Lawyer, you'll be able to open it wherever and whenever you choose. You are encouraged to engage with it by editing it, printing it out, or making a copy of it. You must sign and date it before serving it on the tenant. There are several methods available for serving the notice:
- Hire a process server
- Deliver it by hand
- Send it through certified mail
As a reminder, "DIY" evictions are illegal. Property owners shouldn't throw out personal property, change locks, turn off utilities and services, or in any way harass and threaten tenants in an effort to force them out. Acting lawfully leading up to and throughout the eviction proceedings is critical to removing tenants successfully under an official court order.