I rent a basement apt in charleston,WV and my land lady verbally notified me that she is selling her house ( which by the way is held in trust by the bank for her late husbands kids) and that I have 10 days to move. I do know that in WV you have to give 30 days notice to a tenant and it has to be in writing. So who do I call to have this enforced?
2006-08-02 07:30:51 · 6 answers · asked by scott 1 in Business & Finance ➔ Renting & Real Estate
An attorney who specialized in landlord/tenant disputes. Ask him to request an injunction to stop the eviction. If your understanding of the law and your lease is correct, you should have no problems. By the way, please be aware that the terms of your lease may take precedence over the law if the law stipulates an exception for written leases that specify a shorter notification period.
May God bless and keep you.
2006-08-02 07:37:42 · answer #1 · answered by blowry007 3 · 0⤊ 0⤋
You are asking for something that does not exist.
You are the tenant. It is up to your landlord to file in court for eviction. Until you are served with the court papers, there is nothing you can do except wait. Not being given proper notice is your defense when you get to court.
Or you could hire an attorney to write a letter telling them their notice was defective, and that you are not moving in 10 days.
Also, it may not just be 30 days notice but a full rental period, which if you are a month-to-month tenant would be a month. For instance, it you were notified on July 20th, the proper effective date of the notice could be September 1st. Your notice period is the full month of August. That is how it works here. It may be the same where you are. If your rental period is week to week, you may be in trouble.
If you illegally locked out in 10 days, you can ask for an emergent hearing or an Order to Show Cause. You will be reinstated as a tenant, with police force if necessary and you probably will be able to recover damages. Few landlords are stupid enough to do this, but I do see it happen once a year or so.
2006-08-02 08:16:21 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I agree with the person above. There is no reason for you to go out of pocket to resolve this, simply write a formal letter stating you will leave at the end of 30 days, as is your legal right (reference the WV regulation that states this).
If she tries to forcefully evict you, ensure you letter states the date by which she gave you that verbal direction to leave, and tell her you will take her to small claims court to cover the costs encurred during an illegal eviction. File a claim with your local sherrif's department (usually are the legal org. that deals with property disputes), and then file a claim with your small claims court. She cannot turn off the electricity, water, create an unsanitary or unhealthy environment while you are living there legally - i.e. till the end of your 30 day period.
2006-08-02 07:50:31 · answer #3 · answered by Christopher B 6 · 0⤊ 0⤋
inform your landlord by written letter, that you donot intend to move prior to a 30 day notice, after that, unless your rent is past due she will be required to get a eviction notice from the court. unlawful eviction is covered by your tenant agreement if you have one in writing.
2006-08-02 07:41:42 · answer #4 · answered by knowitall 1 · 0⤊ 0⤋
you can take her to court..Landlords have to give you AT LEAST a 30 day notice.
2006-08-02 07:41:55 · answer #5 · answered by ReeCee 1 · 0⤊ 0⤋
CALL AN ATTORNEY
2006-08-02 07:34:59 · answer #6 · answered by wishiwereatthebeach 3 · 0⤊ 0⤋