CHARLESTON, W.Va. (AP) - The West Virginia Attorney General said Thursday he is sending warning letters to landlords who are threatening to evict tenants who can’t pay rent during the coronavirus pandemic, the Charleston Gazette-Mail reports.
The Supreme Court of Appeals of West Virginia has issued an order to stop evictions in all but emergency cases within the state court system.
Attorney General Patrick Morrisey’s announcement comes after a stay at home order issued by Gov. Jim Justice left thousands of state residents without work.
“Many workers understandably have deep concerns about keeping a roof over their families’ heads,” Morrisey said on Thursday. “I get that landlords and property managers have a bottom line, but in this crisis, we must unite and work with one another. Now is neither the time nor the place to play on people’s fears with threats of eviction. To do so is frankly unconscionable.”
Morrisey said most eviction proceedings would not fall under the hearings allowed by the Supreme Court of Appeals.
Morrisey said a landlord cannot evict or lock a tenant out of the home, shut off utilities, or take other actions against the tenant without first filing a petition for eviction in magistrate or circuit court regarding nonpayment or violation of the lease. A tenant must be served with notice of a court hearing and has the right to contest any eviction.
A tenant’s removal can only come with a judgement from the court, which will include a date and time by which they must vacate the property, along with the amount of debt owed by the tenant and a deadline for payment. If the case is decided in magistrate court, it can be appealed to the circuit court.
Any tenant receiving an eviction letter or threat from a landlord can contact the Attorney General’s Consumer Protection Hotline at 800-368-8808.
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