A West Virginia Notice To Quit is a letter which complies with state legal standards to begin an eviction against a tenant for nonpayment of rent. The landlord may file eviction in court immediately if the tenant cannot pay upon delivery of this notice, but it is common practice to grant the tenant three (3) to five (5) days to pay before filing.
When To Use a West Virginia Notice To Quit for Unpaid Rent
A West Virginia Notice to Quit begins the eviction process when a tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.
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 Quit for Unpaid Rent
To help ensure the legal compliance of a Notice To Quit:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Specify the basis for terminating the tenancy, and payment necessary to avoid termination
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- 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 Quit for Unpaid Rent
West Virginia landlords may deliver a Notice To Quit using any of these methods:
- Hand delivery to the tenant
- Hand delivery to a member of the tenant’s family on the premises, at least 16 years old, who has had the contents of the notice explained to them
- Only if the premises are vacant: Posting at a conspicuous place on the premises
Sources
- 1 W.Va. Code § 37-6-19
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Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing the declaration upon the chief door of any messuage, or at any other conspicuous place on the premises, which service shall be in lieu of a demand and reentry; or may commence an action of unlawful detainer, and obtain service either in person or by publication, as in other such actions, which service shall be in lieu of a demand and reentry.
Source Link - 2 W.Va. R. Civ. P. 4(d)(1)(A) & (B)
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Source Link
Service upon an individual other than an infant, incompetent person, or convict may be made by:
(A) Delivering a copy of the summons and complaint to the individual personally; or (B) Delivering a copy of the summons and complaint at the individual’s dwelling place or usual place of abode to a member of the individual’s family who is above the age of sixteen (16) years and by advising such person of the purport of the summons and complaint
