Summary
In West Virginia, a magistrate may grant an extension for rent payment based on the judges discretion, your payment history, and your reasoning. A judge may deny your request due to poor payment history, lack of compelling reason, or insufficient evidence. Paying rent but not late fees might not stop eviction. If the landlord accepts partial payment, it may complicate eviction but doesnt guarantee stopping it. Informing your landlord about potential delays is advisable. Paying a substantial part of rent before court may increase your chances of getting more time, but the final decision lies with the judge and landlord. Always consult a local attorney for personalized advice.Full Conversation
United States, west virginia
In West Virginia:
- A magistrate may grant an extension for rent payment under certain circumstances.
- This is contingent on the judge's discretion, your previous payment history, and your reasoning.
- It's advisable to have evidence to support your request.
Please consult a local attorney for specific advice.
What are the reasons a judge could deny it?
In West Virginia, a judge may deny your request for more time to pay rent due to:
- Poor history of rent payment
- Lack of compelling reason for delay
- Insufficient evidence to support your claim for an extension
- Landlord's objection and their reasoning.
If i can pay the rent but not the lates fees and court fees, would that help stop the eviciton process?
In West Virginia, paying the rent may potentially halt the eviction process, but it's important to remember:
- The landlord might still proceed with eviction due to unpaid late and court fees.
- It ultimately depends on the landlord's decision and the judge's discretion.
Please consult with a local attorney for personalized advice.
If the landlord accepts any payment before the court date, would that pause the process?
In West Virginia:
- If the landlord accepts partial payment, they may not be able to continue the eviction process.
- However, acceptance of partial payment doesn't automatically stop the process.
- The court's decision will depend on the specifics of the case.
Please consult a local attorney for more detailed advice.
Why might they not be able to continue?
In West Virginia:
- If a landlord accepts partial payment, it may be seen as a willingness to continue the rental agreement.
- This could make it more difficult for them to proceed with eviction.
- However, every case is different and this isn't guaranteed.
If i have a friend in the military who is willing to send me money to help pay the rent, but cant do it until a day after the court date could that help me?
In West Virginia:
- It's possible a magistrate might consider this, but it's not guaranteed.
- It could depend on your past payment history, the judge's discretion, and the landlord's stance.
- Present this information during your court hearing.
Remember, each case is unique. Consult a local attorney for specific advice.
Should i tell my landlord if i would be late on next months rent as well due to getting a new job and my first paycheck will be delayed?
In West Virginia:
- It's generally advisable to communicate with your landlord about any potential payment issues.
- Keep in mind, your landlord may still choose to pursue eviction.
- Make sure to have a written record of your communication.
- Definitely consult a local attorney for personalized advice.
If i pay * of my * that I owe for rent before going to court, would i have a better chance of getting more time?
In West Virginia:
- Paying a substantial part of your rent might increase your chances of getting more time.
- However, it's ultimately at the judge's discretion and the landlord's decision.
- Consult a local attorney for personalized advice.
Why ist that?
In West Virginia:
- Judges and landlords have discretion to consider various factors, not just partial payment.
- Factors could include your payment history, the landlord's willingness to negotiate, and the judge's interpretation of the law.
- Consult a local attorney for personalized advice.
Why would paying a substantial amount of the rent i owe help me before the court date?
In West Virginia:
- Making a large payment demonstrates good faith and willingness to fulfill your obligations.
- It could potentially influence the judge's decision to grant more time.
- However, the final decision lies with the judge and landlord. Consult a local attorney for personalized advice.
Should i give the substantial payment to my landlord before the court meeting or during?
In West Virginia:
- Making a substantial payment before the court date may show good faith and could possibly sway the judge in your favor.
- However, it's crucial to get a receipt or written acknowledgment from the landlord.
- Consult a local attorney for personalized advice.