West Virginia Notice To Comply or Vacate

Last Updated: January 31, 2024 by Roberto Valenzuela

West Virginia Notice to Comply or Vacate_1 on iPropertyManagement.com

West Virginia Notice To Comply or Vacate is a letter which complies with state legal requirements to begin an eviction against a tenant for a lease violation. The landlords does not have to deliver prior notice or allow an opportunity for corrective action, but if they do, the tenant must take appropriate corrective action or move out by the date of termination.

When To Use a West Virginia Notice To Comply or Vacate

A West Virginia Notice To Comply or Vacate begins the eviction process when the tenant violates a condition or covenant of the lease.

At the landlord’s discretion, the tenant may be allowed an opportunity to take corrective action to fix the violation, but this is not a legal requirement. The landlord is also responsible for setting a reasonable date of termination by which the tenant must (if applicable) fix the violation, or otherwise move out.

note
A landlord is not legally required to provide notice to the tenant before filing eviction in court. In West Virginia, the tenant has primary responsibility to ensure compliance with the terms of the lease at all times.

Some types of West Virginia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.

How To Write a West Virginia Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and (if applicable) the corrective action(s) necessary to avoid termination
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature

It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.

How To Serve a West Virginia Notice To Comply or Vacate

West Virginia landlords may deliver a Notice To Comply or Vacate using any of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person of suitable age on the property who can accept the notice on behalf of the other party

note
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

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