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I was recently divorced and received a home in my settlement. Notified renters 1 month ago to move. They told me today they will not move until forced to do so. The renters are "system savy"......what do I do. One person told me about a "writ of wrongful occupation?".......can I turn off untilities?......I am in WV

2006-11-29 03:19:26 · 17 answers · asked by willybobjohnson 1 in Business & Finance Renting & Real Estate

17 answers

Send it to them in writing and you may need to get the law enforcement invovled.

good Luck.

2006-11-29 03:21:25 · answer #1 · answered by raecliff95 3 · 1 0

you can not turn off the utilities. Have the tenants notified that the owners of the property are taking over full control within 30 days and they must vacate the property by a specific date.

Eviction could take months if they know how to work the system.

http://laws.uslandlord.com/laws/wvstatelaw2.html
http://laws.uslandlord.com/laws/wv.html

All correspondence should only be done through documented (notarized) , certified mail or through attorneys.

If you do these things they may see you mean business and the attorney won't be needed. This is the absolute worst time of the year to make anyone move. I'm sure that if you were in the same situation you wouldn't want to be forced to move in the middle of winter and right before Christmas. That expense at the end of the year is really high. Maybe you could come to an agreement with them (written/notarized) that at the end of January, beginning of February they will be required to move. Say after they receive their income tax return. This way there isn't such a hardship on them after being settled in the home.

2006-11-29 03:24:41 · answer #2 · answered by ~brigit~ 5 · 1 1

How did you notify them? You must have notified them by letter. Now that they have passed the time you've given them, you have to take them to court and they will be forced out. There's really no other way, and no, you cannot turn off the utilities and start harassing them because that's only going to make you look bad once you're in court.

You may also want to go to your state governments web site to look up your Landlord Tenant Handbook. I live in California and there is an entire handbook document called the California Landlord Tenant Handbook that goes over all of the rules and procedures regarding landlord and tenant rights and responsibilities, so look it up!

Try this link: www.wvago.us/publication/Tenants_rights.pdf
or search for one of your own--possibly under your states Housing Authority/Family Services Department. Good luck!

2006-11-29 03:27:31 · answer #3 · answered by superstar_81882 5 · 1 0

As the new owner of the home, you are entitled to determine the use of the building. If you want to continue using it as a rental property, you'll need to sign a new lease contract with the renters.

If, on the other hand, you've decided to use the property for other use, simply notify the renters that, as the new owner, you're cancelling their lease contract, and they have 90 days to move.

On day 91, the sheriff will be happy to assist them in removing their property from your home.

2006-11-29 03:24:02 · answer #4 · answered by Stuart 7 · 1 0

You need to start an eviction process with the courts. No you can not shut off utilities, if you want to do things legal anyway. They are not there illegally from what you've said. Therefore they are not there wrongfully. You need to give 30 days notice (if a month to month) in writing (be sure to keep copies of everything).
The courts will explain everything to you, all you have to do is get the process started.

2006-11-29 03:38:23 · answer #5 · answered by littlemomma 4 · 1 0

Who rented to them? Do they have a contract? Are the utilities in your name? If so, turn them off. Go to the sheriff's office and see what the regulations are in your city/town.
You should probably send them a legal notice of changes in ownership and terms. Make sure they sign for the letter. Tell them they have 30 days to comply after which the original agreement will be null and void.
Become as savvy as they are. If you have to, get a lawyer with the stipulation that the renters pay the fee if it goes to court. Call the legal aid in your town for advice or AARP has a service to talk to a retired professional.
Hope this helps, good luck.

2006-11-29 03:26:11 · answer #6 · answered by octoberbabye 3 · 1 2

How does your hire handle this situation? that's the 1st course. Assuming they are wrongfully there. turn off the water and the different utilities you pay when you have sent them a termination word. many times after 30 days you're able to do this. Our hire helps us to circulate in and throw their stuff out on the limited-access highway after that factor. contract(hire) regulation supercedes statues so returned what does your hire say? If it does n ot handle it then touch an lawyer and start up the long eviction technique. in the event that they have not paid that's a different tale too. touch an lawyer have him/her deliver word to vacate in case you haven't any longer already accomplished so. Then substitute your hire to stay away from this interior the destiny.

2016-10-13 08:42:19 · answer #7 · answered by Anonymous · 0 0

Eviction

Any action other than legal eviction is liable to get you sued or thrown in jail.

They signed a contract to rent the place (that or there is an implied contract by the fact they are paying rent and occupying the premises). It was entered into in good faith. You can't simply dismiss the contract because something happened with you, which they were no party to.

2006-11-29 03:22:54 · answer #8 · answered by Radagast97 6 · 2 0

Contact the landlord & tenant action group in your hometown. You should be able to find the information in the phonebook under governmental agencies. Tell them of the situation & have all documents ready to be presented of any actions you have made. Also, you may want to contact a lawyer who specializes in landlord & tenant matters. There should be some free legal aide services in your area contact them for advice as well. I hope this helps you.

2006-11-29 03:48:10 · answer #9 · answered by SweetPeaz 1 · 1 0

If there is nothing in writing, like a lease, you are going to have to take them to court. You can't just evict and throw them out. But it sounds like the judge will rule in your favor.

p.s. whatever you do, DON'T shut off utilities or anything else - this is illegal diminution of services and they can sue you.

2006-11-29 03:23:05 · answer #10 · answered by LisaT 5 · 1 0

Get the law enforcement involved or threaten to sue them if they don't leave. I would also start turning off the utilities and hopefully they'll get the message to move out.

2006-11-29 03:28:38 · answer #11 · answered by Anonymous · 1 0

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