Landlord Question and Answer Forum

Does anyone know if there is a law in WV for Abandoned Property by a tent? My tent who has not been in the home staying over a month, but was coming by every week to check on the place, But Now has even stop coming by, it has been 8-days since they have been by , not to mention they have had NO electricity in my rental for 2-months, and No rent paid.... I want them out! Is that enough to take my property back.

The tenant has a duty to pay rent on the leased premises for the term of the lease. When a tenant abandons a residence, the law provides the landlord with three options: 1. The landlord can accept the abandonment and not hold the tenant liable for the rent as it accrues. 2. The landlord may hold the tenant liable for the rent as it accrues. The landlord has the duty to try and reduce the lost rent by attempting to re-lease the premises. 3. The landlord can re-let the apartment with the tenant being liable for any difference in the rent. I did not see an exact definition of abandonment in WV statutes so it would then be up to a judge to decide. If you decide to take possession - make sure that you store any property - take pictures of everything and document that there is no electricity, empty fridge, etc..... You do have a right to secure the property so you may unplg a fridge a fridge in a unit so that mildew does not grow and so forth . Consulting an attorney is always good.

Posted by Donna , NC on Monday, August 24, 2009