Pay And Stay Rules

Summary

In West Virginia, tenants can avoid eviction by paying rent within 20 days of an eviction notice. Paying after a court hearing is subject to court discretion. Magistrate court and eviction notices are separate; improper service may occur if only a summons is served. Consult a local attorney for guidance.

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Rent
Thank you for your response. It seems like you're referring to the "pay and stay" provision in a rental agreement, perhaps? Could you please clarify your location so I can provide accurate information based on local laws?
U.s west virginia
It seems you're referring to a rental agreement in West Virginia. Here are a few key points:
- In West Virginia, if a tenant pays the full amount of rent due within 20 days of eviction notice, eviction can be avoided.
- This is a 'pay and stay' provision, not 'pay and dismiss'.
So if i pay in full after therl court hearing, would that count?
In West Virginia, paying rent after a court hearing could still prevent eviction, but it's subject to the court's discretion. It's best to pay as soon as possible to avoid legal complications.
Is magistrate court the same as an eviction notice?
No, a magistrate court is not the same as an eviction notice. The eviction notice is a document, while the magistrate court is where the eviction process may proceed if the tenant doesn't comply with the eviction notice.
So if im served a summons to magistrate court, is the eviction notice a separate thing?
Yes, a summons to magistrate court and an eviction notice are separate documents. The eviction notice comes first, and if not resolved, it may lead to a court summons where the matter will be legally addressed.
What if i was only served the summons
If you were only served a summons without prior eviction notice, it might be considered improper service. West Virginia law generally requires a landlord to provide a notice to quit before seeking a court order for eviction. You may want to consult with a local tenant's rights organization or attorney.