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 03:21:36 · 5 answers · asked by willybobjohnson 1 in Business & Finance ➔ Renting & Real Estate
In West Virginia, I can't tell you for sure. Generally, if they have a lease, they have a right to live there until it expires. Once it expires, you can force them to move through a "writ of wrongful occupation" or similar court proceeding. I would not turn off their utilities. They could sue you for damages.
Some states allow self-help if it is in the lease, but I don't know about West Virginia. Some states (including mine) have laws that trump the language of the lease in this area and require you to go through a court procedure before evicting them.
2006-11-29 03:27:09 · answer #1 · answered by Bob 3 · 0⤊ 0⤋
How does your lease address this issue? That is the first course. Assuming they are wrongfully there. Turn off the water and any other utilities you pay after you have sent them a termination notice. usually after 30 days you can do that. Our lease allows us to go in and throw their stuff out on the parkway after that time. Contract(lease) law supercedes statues so again what does your lease say? If it does n ot address it then contact an attorney and begin the long eviction process. If they have not paid that is a different story too. Contact an attorney have him/her send notice to vacate if you have not already done so. Then change your lease to prevent this in the future.
2006-11-29 04:32:21 · answer #2 · answered by Jim7368 3 · 0⤊ 0⤋
If you have a lease with your tenants its too bad for you, you have to wait until it will expire. If it’s from month to month and you gave them 30 days notice and they did not move take them to a small claim court and get all the forms to evict them you do not need a lawyer. If you go to court you need the 30 days notice (copy) that you gave them.
2006-11-29 12:51:05 · answer #3 · answered by Isabella789 4 · 0⤊ 0⤋
Talk to a real estate attorney. You need to evict them. You'll need the lease that they signed. If the lease says they are renting it from this date until another one, they have lawful occupancy until that date.
2006-11-29 03:26:39 · answer #4 · answered by Ralfcoder 7 · 0⤊ 0⤋
if all else fails... report to the authories or anyone who is powerful enough to make a decision. In singapore we have the Housing Development Board.
2006-11-29 03:37:45 · answer #5 · answered by Khairudin Bin Salim 4 · 0⤊ 0⤋