I live in wv where my landlord is trying to evict me without 30 days notice (required by wv law). After I told her I was not moving until those 30 days were up, she shut off the cable which was included when I moved in, is this illegal?
2006-08-10 09:11:12 · 12 answers · asked by scott 1 in Business & Finance ➔ Renting & Real Estate
to add on to my other question so no one is confused. I AM PAYING MY RENT. Im being evicted because she says shes moving and selling the house but the house isnt even up for sale yet and she's giving me nine days notice.
2006-08-10 10:40:21 · update #1
Yes, it is illegal.
Every area has a different procedure, but here you would go to the courthouse and file an "order to show cause" for an unlawful detainer and the Judge would order that your utilities be restored that day using police force if necessary.
A landlord is not allowed to turn off or discontinue services that are included with your rent and in your lease without compensation, and they certainly aren't allowed to do it in order to get you to leave. That's called a self-help eviction and is illegal in every state in the country.
Call the courthouse and ask what you can file to compel your landlord to restore your utilities. There may be a similar process where you live.
You could also call the State Attorney General and file a complaint. The number in West Virginia is 1-800-368-8808
ok, I saw your update and no, she can't get you out with only 9 days notice. She has to follow the notice and eviction process for your state. It doesn't matter if she has the house listed or not. You don't have to go anywhere until there is a court order saying you have to.
File a complaint NOW because she is going to be turning your utilities off one by one if no one in a position of authority tells her she can't do that.
2006-08-10 09:42:42 · answer #1 · answered by BoomChikkaBoom 6 · 1⤊ 1⤋
It is illegal. If you have a lease agreement (which is a binding contract) and you haven't been legally evicted, then she is breaching the contract, which has civil remedies. In many states it's illegal for a landlord to turn off your utilities to try to get you to move. They also can't lock you out and can't keep your stuff based on non-payment of rent. You should check with a lawyer to see whether this applies to WV.
2006-08-10 12:20:22 · answer #2 · answered by Cher 1 · 0⤊ 0⤋
She is required to fullfill the terms of the lease and notify you when she has sold the building. It is completely illegal to evict you with no "Cause" and to do it without proper notice.
Good Luck.
2006-08-10 13:23:58 · answer #3 · answered by wildcat03820 2 · 0⤊ 0⤋
If she's paying the bill & the bill is in her name then there is NOTHING illegal about it. If you wanted your cable on then you should have paid your rent
2006-08-10 09:46:09 · answer #4 · answered by amee2you 3 · 0⤊ 0⤋
Depends on the state law and who is paying for the cable. I would guess if it is her name on the bill she can cancel it.
2006-08-10 09:15:11 · answer #5 · answered by Wizzerd 3 · 1⤊ 0⤋
if it was in the contract, and you still have 30 days to move she has no right to do such thing
2006-08-10 10:39:10 · answer #6 · answered by Kettlygold k 2 · 0⤊ 0⤋
If you have it all in writing then yes it is illegal. But is it worth fighting?
2006-08-10 09:14:48 · answer #7 · answered by isellpc 3 · 0⤊ 0⤋
well why is she evicting you? is it because you aren't paying rent? if thats the case then you should be kicked out you bum
2006-08-10 09:17:51 · answer #8 · answered by mtugodfath3r 3 · 1⤊ 0⤋
It's rude, but not illegal.
2006-08-10 09:16:55 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If it's in the contract, then yes.
2006-08-10 09:17:54 · answer #10 · answered by Brenmore 5 · 0⤊ 0⤋