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How to evict family member who does not pay rent

Discussion in 'Eviction, Recovery of Premises' started by moundtown, Sep 11, 2020.

  1. moundtown

    moundtown Law Topic Starter New Member

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    West Virginia
    My sister moved into my mother's house with my mother about a year ago. She was supposed to pay rent but she never did. My mother could not bring herself to force the issue. Now my sister no longer cleans up after herself and leaves my mother (age 92) to do everything herself. My mother has decided that enough is enough and wants my sister to move out. My question is, how does my mother force her to leave and how much time must she give her?
  2. army judge

    army judge Super Moderator

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    Your mother can't FORCE the deadbeat to leave.

    She must do what every other landlord has to do, take the matter to court.

    She has to file an eviction action against her "deadbeat" daughter.

    A WV landlord who wants to evict a tenant, must have legal cause.

    WV defines legal cause as failing to pay rent, violating the lease or rental agreement, or damaging the rental unit.

    To evict a "deadbeat" tenant for one of these reasons, the landlord must first terminate the tenancy.

    It is recommended that a landlord in West Virginia give an eviction notice.

    This site provides an excellent West Virginia Notice to Quit form:

    Eviction Notice (Notice to Quit) Form | eForms – Free Fillable Forms

    The landlord does not need a reason for the eviction but must provide one rental period of notice. If the lease is month-to-month, 30-days Notice is required. Your mother must give the deadbeat 30 days notice in written form.
    An example is linked above.

    More information on WV evictions:
    How Much Notice is Required in a Month-to-Month Tenancy?

    More information and forms from WV Magistrate's Court:

    Magistrate Court Public Forms - West Virginia Judiciary
  3. adjusterjack

    adjusterjack Super Moderator

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    Has your mother asked her to leave? If not, why not? If yes, and it didn't work then your mother will have to give her 30 days written notice of termination (statutory requirement) of her tenancy. If she's not out by the end of 30 days your mother will have to file for eviction in court.

    The alternative is for your mother to pay her to get out.
  4. mightymoose

    mightymoose Moderator

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    Contact social services in the county where mom lives. They may be willing to check in on her and have the means to deal with the deadbeat daughter.
    There is a potential that some form of elder abuse is taking place. Daughter might be motivated to leave in a hurry.

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