West Virginia Eviction Rules

Summary

In West Virginia, tenants have 5 days to pay overdue rent and court costs after a court judgment to stop eviction. This rule generally applies to non-payment cases but may not cover other eviction reasons or specific lease terms. Paying part of the rent before the court date shows goodwill but doesnt affect the 5-day rule. Landlords must accept payment within this period. If a lease prohibits inoperable vehicles, a flat tire could justify towing, but targeting tenants for unpaid rent may be seen as retaliation. Consult a local attorney for specific advice.

Full Conversation

So the 5 day rule is available no matter what?
The *-day rule in West Virginia generally applies to all eviction cases involving non-payment of rent. However, it may not apply if the eviction is for other reasons or if the lease agreement specifies otherwise.
So if its only for the rent that i havent paid, then i will get the 5 days?
Yes, if the eviction is solely due to unpaid rent, the *-day rule applies in West Virginia. You can pay the overdue rent and court costs within this period to halt the eviction.
And if it falls on the next months rent, i only have to pay the previous months rent in the 5 days?
In West Virginia, the *-day rule typically covers only the overdue rent at the time of court judgement. However, I'd recommend double-checking with a local attorney or tenants' rights organization for specific guidance.
And will the judge tell me this or am i supposed to know on my own?
The judge may not necessarily inform you about this. It's generally your responsibility to know your rights as a tenant. However, you can always ask the judge or seek advice from a legal advisor.
Should i pay what i can before the court date to help with the 5 day rule?
Yes, paying what you can before the court date might show goodwill and could potentially help your case. However, it won't necessarily impact the *-day rule in West Virginia, which starts after the court judgement.
Would *$ of the * i owe be a good start for me to pay?
While paying $* would show some goodwill, it's still important to pay the full amount owed within the 5 days after the court judgement in West Virginia to avoid eviction.
My landlord said they would tow my car because it had a flat tire
In West Virginia, landlords are typically not allowed to tow a tenant's vehicle without proper notice. However, if there are specific rules in your lease agreement about vehicle condition, they might be able to. Can you share what your lease says about this?
The lease says that there cant be inoperable vehicles parked
In West Virginia, if a lease agreement states that inoperable vehicles can't be parked, a flat tire could be seen as making a vehicle inoperable. If your landlord has given you notice, they may be able to tow the vehicle. Check your lease for details.
It feels like they were targeting me since i owe them money since ive seen other cars with flats not be a problem
In West Virginia, targeting a tenant due to unpaid rent by enforcing other lease provisions could be seen as a form of retaliation, which is generally unlawful. If you believe you're being targeted unfairly, you might want to consult a local attorney.