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eviction

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Krystal416

Junior Member
West Virginia

we are in the process of buying a modular home and the lot rent is paid up until march of 2016. The land owner issued a eviction notice due to the dog being outside without a leash although other tenants here let their dog out without a leash on. The other complaint was that we were dumping trash on the land that however is false I went to look at said trash and it was bags of diapers pop cans baby diapers and blonde hair dye. I don't have any children in diapers nor do I have blonde hair. what are my rights? I'm in the state of WV.
 


Ohiogal

Queen Bee
West Virginia

we are in the process of buying a modular home and the lot rent is paid up until march of 2016. The land owner issued a eviction notice due to the dog being outside without a leash although other tenants here let their dog out without a leash on. The other complaint was that we were dumping trash on the land that however is false I went to look at said trash and it was bags of diapers pop cans baby diapers and blonde hair dye. I don't have any children in diapers nor do I have blonde hair. what are my rights? I'm in the state of WV.
You have the right to how up and defend yourself in court but be forewarned. Just because other tenants do it doesn't mean you have a right to allow your dog to run free. That could be enough to get you evicted.
 

adjusterjack

Senior Member
West Virginia

we are in the process of buying a modular home
What do you mean by that?

You either own it or you don't own it.

The land owner issued a eviction notice
More likely it's a notice of termination of tenancy for cause. Eviction is a court process that requires you to be served with a summons and complaint if you don't obey the notice.

West Virginia

we are in the process of buying a modular home and the lot rent is paid up until march of 2016. The land owner issued a eviction notice due to the dog being outside without a leash although other tenants here let their dog out without a leash on. The other complaint was that we were dumping trash on the land that however is false I went to look at said trash and it was bags of diapers pop cans baby diapers and blonde hair dye. I don't have any children in diapers nor do I have blonde hair. what are my rights? I'm in the state of WV.
Your rights are addressed by the WV statute regarding manufactured home and modular homes:

http://law.justia.com/codes/west-virginia/2012/chapter37/article15/

Specifically 37-15-6 Termination of Tenancy.

Read it.
 

ShellraeG

Junior Member
West Virginia

we are in the process of buying a modular home and the lot rent is paid up until march of 2016. The land owner issued a eviction notice due to the dog being outside without a leash although other tenants here let their dog out without a leash on. The other complaint was that we were dumping trash on the land that however is false I went to look at said trash and it was bags of diapers pop cans baby diapers and blonde hair dye. I don't have any children in diapers nor do I have blonde hair. what are my rights? I'm in the state of WV.
My questions are, (1) did owner give you any warnings about the dog specifically? I understand other ppl do it however, you can only be responsible for yourself and worry about your own situation, and perhaps if it was a said rule, to make the owner more aware of the others and it being problematic so that it is more fair and unbiased-but being a nosey neighbor can have sucky consequences as well, documenting is harmless though.
(2) "dumping trash on the land"?--a 33 gallon bag of trash or just a grocery bag does not deem 'dumping' as far as Im concerned, giving you a notice and making you aware of it FIRST, then wait to see if you comply is what I instinctively think of, like you stated, it wasnt YOUR trash, not your fault someone else is throwing it on your property as well, but I believe in most leasing agreements in all 50 states, there are rules along the lines of keeping your property free of these types of things, and regular inspections on your part are just par for the course, and if it continued, after some documentation of the problem, you get with your landlord to work out a viable solution might have been a way to go. Being oblivious of things arent justified reasons not to do things a certain way or how its expected of you, even if at times you get a free pass or a slide, because ultimately, they could be documenting it as well, and then BLAM! Now they have some evidence to use against you to build their case for eviction or termination.

I dont know what WV allows you to do now to perhaps, recoup this prepaid rent or any deposits-- not even sure exactly what you mean by you are buying it--like sorta leasing to own, you are in fact using this home and reside there? I did see a few things saying that the owner should give you some kind of notice about any problem first before following through with an eviction, I saw that you have to be given ample time to remove or sell the residence even if you arent allowed to live there during this time. I dont know what you agreed to on your lease, and I wouldnt agree, if you cleaned up your space like any other type tendancy, that he would have any reason to keep any deposits. Keeping the rent would also not be just unless you agreed to these things in your lease, or offered to forfeit any of these things if you violated any rules or laws set forth in your agreement. Its IMPERATIVE to read these leases in full, asking questions or having a professional explain before any signing! Pictures and documents help you not drown in any nonsense an owner may try to throw down. At this point if you can not afford an attorney, you use some free services in your area, like legal aid, or fair housing to get any valuable information that will help you dispute the eviction or recoup your money.
I myself am going through some crap and some stupid repairs. I was a newbie in renting in AZ or in general and my eyes have been opened so wide, and now Im more paranoid about everything and I hate living like that but bottom line, the landlord can always find a way and means to get the upper hand unless you keep meticulous documentation of conversations, notices, calls, and any pertinent paper work when a situation arises! He will also need to have proof that you in fact violated the lease, and it was purposeful or neglectful on your part! That might help you if his word and maybe a picture is all he has...but IDK...I think judges are biased with landlords in general so who knows but Im sorry for your whoas!-

Good Luck! Keep fighting the fight
 

Just Blue

Senior Member
My questions are, (1) did owner give you any warnings about the dog specifically? I understand other ppl do it however, you can only be responsible for yourself and worry about your own situation, and perhaps if it was a said rule, to make the owner more aware of the others and it being problematic so that it is more fair and unbiased-but being a nosey neighbor can have sucky consequences as well, documenting is harmless though.
(2) "dumping trash on the land"?--a 33 gallon bag of trash or just a grocery bag does not deem 'dumping' as far as Im concerned, giving you a notice and making you aware of it FIRST, then wait to see if you comply is what I instinctively think of, like you stated, it wasnt YOUR trash, not your fault someone else is throwing it on your property as well, but I believe in most leasing agreements in all 50 states, there are rules along the lines of keeping your property free of these types of things, and regular inspections on your part are just par for the course, and if it continued, after some documentation of the problem, you get with your landlord to work out a viable solution might have been a way to go. Being oblivious of things arent justified reasons not to do things a certain way or how its expected of you, even if at times you get a free pass or a slide, because ultimately, they could be documenting it as well, and then BLAM! Now they have some evidence to use against you to build their case for eviction or termination.

I dont know what WV allows
you to do now to perhaps, recoup this prepaid rent or any deposits-- not even sure exactly what you mean by you are buying it--like sorta leasing to own, you are in fact using this home and reside there? I did see a few things saying that the owner should give you some kind of notice about any problem first before following through with an eviction, I saw that you have to be given ample time to remove or sell the residence even if you arent allowed to live there during this time. I dont know what you agreed to on your lease, and I wouldnt agree, if you cleaned up your space like any other type tendancy, that he would have any reason to keep any deposits. Keeping the rent would also not be just unless you agreed to these things in your lease, or offered to forfeit any of these things if you violated any rules or laws set forth in your agreement. Its IMPERATIVE to read these leases in full, asking questions or having a professional explain before any signing! Pictures and documents help you not drown in any nonsense an owner may try to throw down. At this point if you can not afford an attorney, you use some free services in your area, like legal aid, or fair housing to get any valuable information that will help you dispute the eviction or recoup your money.
I myself am going through some crap and some stupid repairs. I was a newbie in renting in AZ or in general and my eyes have been opened so wide, and now Im more paranoid about everything and I hate living like that but bottom line, the landlord can always find a way and means to get the upper hand unless you keep meticulous documentation of conversations, notices, calls, and any pertinent paper work when a situation arises! He will also need to have proof that you in fact violated the lease, and it was purposeful or neglectful on your part! That might help you if his word and maybe a picture is all he has...but IDK...I think judges are biased with landlords in general so who knows but Im sorry for your whoas!-

Good Luck! Keep fighting the fight
If you don't know the law you should not advise this member. :rolleyes:
 

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