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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38243
Experience:  Attorney over 17 years, landlord 26 years
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Ok, I have been sent a certified latter saying West to quit

Customer Question

Ok, I have been sent a certified latter saying West Virginia to quit and nothing else. My landlord said he will be up Monday with the sheriff, can we be evicted that day or what?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 1 year ago.

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.

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Can you give me a little more information about what is going on?

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Are you behind on your rent?

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Have you been given any type of written notice to move out before this letter?

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Have you been to court in an eviction case?

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thanks

Barrister

Customer: replied 1 year ago.
I was two months behind and my landlord said it it's 4 months. The certified letter I got was from the landlord and it is West Virginia notice to quit and that is all I have gotten.
Customer: replied 1 year ago.
I am trying to buy the home but have ran out of time and landlord will not give me a couple of months to get his large sum for the money. I also have a six month old granddaughter living with me
Expert:  barristerinky replied 1 year ago.

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.

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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.

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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.

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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.

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thanks

Barrister

Customer: replied 1 year ago.
How long could I get to stay in the home
Customer: replied 1 year ago.
I have already started paper work to buy the home but it will take a couple of months Because to get my credit score up more. Is this possible?
Customer: replied 1 year ago.
which comes first going to court or have the sheriff show up at my door?
Expert:  barristerinky replied 1 year ago.

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.

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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.

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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.

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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..

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thanks

Barrister