Ask a Landlord-Tenant Question, Get an Answer ASAP!
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Can you give me a little more information about what is going on?
Are you behind on your rent?
Have you been given any type of written notice to move out before this letter?
Have you been to court in an eviction case?
Ok, then that doesn't mean anything legally yet. In WV, a landlord doesn't have to give any written notice prior to filing an eviction action to evict a tenant.
However, if he did file, then you would have to be served with a summons to come to court for the eviction case. Then both parties tell their stories and the judge makes a final determination as to whether to evict or not.
In summary eviction cases, a trial is scheduled by the court as soon as the landlord files their complaint with the court. The trial can be no sooner then 5 Weekdays after the day the landlord files the complaint . After the trial, the judge will enter a judgment and then can force the person to leave immediately, or give them a few days to vacate before the sheriff can come out.
So if you have never been served with a summons to go to court, that is likely what the landlord is talking about because the sheriff is the one who serves summons in eviction cases.
If the landlord has filed an eviction case, then the trial will likely be in a week or so. The judge will then make a ruling and if he rules against you, he will probably give you a few days up to a week to move out.
It would be entirely up to the landlord/seller as to whether they give you more time to complete the purchase if you are currently in default.
The sheriff comes to your door, and then hands you a summons to go to court. Then you go to court and if the landlord wins, probably a week later the sheriff shows back up to actually force you to leave the property.
I am sorry that the news isn't better, but unless the landlord/seller agrees to give you more time, you are probably looking at 2 weeks before you could be forcibly evicted..