How do I evict a tenant for non-payment of rent?
I live in rural Pocahontas County, West Virginia. I have been renting a house to someone who hasn't paid rent for September, October, or November (2019), and it currently is 19 November 2019. Is it time to evict him? If it isn't, then when is it time to evict? If it is time to evict, then how do I begin that process?
- SimplytheFACTSLv 74 weeks agoFavorite Answer
really? are you running a charity? do you have the money to support them?
if you are very rich and they fell on hard times through no fault of their own, you can take your time and try to work with them.
if they are just deadbeats you should have moved toward eviction NO LATER THAN Oct 1.
starting with pay of quit notice early Sept.
- Nuff SedLv 74 weeks ago
First you send them written notice of your demand for payment, indicating whether they can rehabilitiate their lease by simply paying, or if they ALSO need to leave, regardless. If they pay, and you trust them to continue paying, that's the end of the dispute (until next time they violate the lease).
If they do NOT pay and do NOT arrange to move out, you then get the right to go to the local court and file a complaint for an order of eviction. Like any other civil lawsuit, this may cost you fees and time, and you may want to hire a licensed attorney to help get it right the first time.
You will have to "serve" them notice of the complaint and summons to court, and they may still want to stay and fight it, or go ahead and move out before the court date.
Then you're still going to need to pursue your claim for "damages" in unpaid rent they owe you. Your lawyer can walk you through the details.
Many landlords would give tenants a "notice of intent to evict for non-payment" within a few days of their FIRST failure to pay rent on time. You may have been overly generous, but it's not too late to cut your losses and start looking for a new tenant.
- babyboomer1001Lv 74 weeks ago
When you don't know what you are doing, it is best to hire a lawyer. Do it now - evict NOW. You didn't have to wait at all. They violated their lease when the time passed to the day following when rent was due.Source(s): Certified Paralegal,with 25+ years' experience & with Landlord & Tenant law experience.
- JudyLv 74 weeks ago
The West Virginia notice to quit form is the document a landlord can serve a tenant that has failed to pay rent on time. Unlike most states, West Virginia does not require that the landlord give the tenant time to rectify the situation by paying rent; they are simply asked to remove themselves from the premises. See https://rentallease.com/west-virginia/west-virgini...
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- R PLv 74 weeks ago
Google WV's landlord/tenant laws and read them. Contact your local courthouse and ask what the steps are in order to evict your tenants.
Or, do the better thing since you are not an experienced landlord and hire a flat rate eviction attorney. The attorney will get the deadbeats out of your house as fast as legally possible and their fees are deductible expenses against your rental income.Source(s): Florida landlord
- Landlord365Lv 54 weeks ago
You should have evicted them in September. You have to serve a pay or quite notice in accordance with WV state laws. When they fail to pay or move out then you have to file the eviction in court.
This is pretty basic. You need to find & learn the landlord tenant laws before you get sued.
- nanuLv 64 weeks ago
you need legal advice. See an attorney.
- realtor.sailorLv 74 weeks ago
Google "landlord tenant laws W Virginia" for the procedure.
- Anonymous4 weeks ago
No, they have to not pay rent for 5 years. You have nearly 4 more years to go troll.