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Legal Help. Can anyone provide me a site that details renter's rights for WV?


My check was late in arriving this month. My landlord demands I make a special trip down to his office to give him the money, but my check has a 5 day hold at the bank, which means I can't let him have the rent check until that clears. He's evil enough to cash it anyway, even if I ask him not to. I live in WV and I think our state law says he can't evict me unless I'm 30 days past due on the rent. Anyone know where I can find this proof, so he can't threaten me with eviction if I don't give him the rent for another 5 days? As I said, I live in West Virginia.

As stated, I am NOT 30 days late on the rent yet. I gave him a partial payment already, all I had to give, but still owe the bulk of the rent.

The lease does not say I have to pay late fees.

Go the the WV government website and to the statutes link. Search for landlord tenant code and you should be able to see all the state laws applicable to your situation.

There is no such law in West Virginia. He can send you a notice of eviction for not paying the rent at any time so stated either in the lease itself or under the following conditions:

Notice to terminate tenancy.
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. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him, or upon anyone holding under him the leased premises, or any part thereof.
When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time. 搂37-6-5

He also can charge you late fees depending on the specific language of the lease.

Since you are 30 days late, he can immediately file for eviction and you can look forward to adding legal fees to what you owe.

The entire statute can be found here: http://laws.uslandlord.com/laws/wvstatel...

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