Evicting a family member can be a difficult and emotional process, but it may be necessary to protect your rights and property. If you’re facing this situation in West Virginia, this article will provide you with the information you need to proceed.
We’ll cover the legal steps involved in evicting a family member in West Virginia, including how to serve them with an eviction notice and file for eviction in court. We’ll also provide tips on how to handle the situation politely and respectfully, and how to avoid common pitfalls.
Whether you’re dealing with a difficult family member or simply need to enforce your property rights, this article will provide you with the knowledge and resources you need to navigate this challenging process.
How To Evict a Family Member In West Virginia
Evicting a family member can be a difficult and emotional process. However, it is important to remember that you have the right to protect your property and your family.
1. Talk to Your Family Member
The first step is to talk to your family member about the situation. Explain that you are uncomfortable with them living in your home and that you would like them to move out.
2. Give Them Notice
Once you have talked to your family member, you need to give them written notice to vacate the property. In North Dakota, you must give at least 30 days’ written notice to vacate the property. The notice must state the date by which they must move out.
3. File a Complaint with the Court
If your family member does not move out by the date specified in the notice, you will need to file a complaint with the court. The complaint will ask the court to order your family member to vacate the property.
4. Attend the Hearing
Once you have filed a complaint, you will need to attend a hearing. At the hearing, you will need to present evidence to support your claim that your family member should be evicted.
5. Get a Judgment
If the court rules in your favor, you will be granted a judgment of possession. This judgment will give you the right to evict your family member from the property.
6. Enforce the Judgment
Once you have a judgment of possession, you can enforce it by hiring a sheriff to evict your family member from the property.
How Much Does it Cost to Evict a Family Member in West Virginia?
Evicting a family member can be a difficult and expensive process. The cost of eviction will vary depending on the circumstances of the case. In addition to the court costs, you will also need to pay for the services of a process server and a locksmith. If the eviction is contested, you may also need to pay for an attorney.
Here is a breakdown of the estimated costs of evicting a family member in West Virginia:
| Expense | Approximate Cost |
|---|---|
| Filing fee | $50 |
| Service of court summons by sheriff | $25 |
| Service of writ of possession | $25 |
| Notice of appeal filing fee | $200 |
| Legal fees (vary depending on case) | $500-$10,000 |
| Average locksmith fees | $160 |
FAQs: Evicting a Family Member in West Virginia
Here are some of the most frequently asked questions about evicting a family member in West Virginia:
What are the grounds for evicting a family member in West Virginia?
In West Virginia, there are several grounds for evicting a family member, including nonpayment of rent, violating the lease agreement, causing damage to the property, or engaging in criminal activity on the premises.
What is the process for evicting a family member in West Virginia?
The process for evicting a family member in West Virginia typically involves providing the tenant with a written notice to vacate, filing a complaint with the court, and obtaining a judgment for possession of the property.
Can I evict a family member without going to court?
In some cases, it may be possible to evict a family member without going to court. However, this is generally only possible if the tenant agrees to vacate the property voluntarily.
What are the consequences of evicting a family member?
Evicting a family member can have a number of consequences, including damage to the relationship, financial hardship for the tenant, and potential legal liability for the landlord.
What resources are available to help me evict a family member in West Virginia?
There are a number of resources available to help you evict a family member in West Virginia, including legal aid organizations, housing counselors, and the West Virginia State Bar Association.
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