Grandmother died - evicting her tenant

[karpach13]

What is the name of your state? West Virginia

I'm posting this for my father...
My 95yo grandmother recently died and my father is the executor of her estate. In the 1950s, my grandfather had built and rented several houses on the property. Only one of those houses still has a tenant. There is no written lease and the tenant has been there for almost 30 years, paying $100 monthly rent.

My father went over there to let him know that he would need to vacate the property and would give him 60 days. The tenant threatened to shoot my father if he stepped foot on the property again.

What steps should we take from here? My father is going to follow up with a written notice to vacate. Should we get the sheriff involved? I'm also sure my grandmother never gave this guy a lead-based paint notice. Is that also a potential problem? This guy has also not paid rent since August. Can my dad just go ahead and start eviction proceedings?

Thanks in advance for any suggestions.

 

[FarmerJ]

Re the lead paint issue if they tenant has lived there for a very long time it isnt a new tenant If your that concerned bring it up to a atty . about the tenant Evict with written notice and consider a dual method perhaps like postal certificate of mailing on one copy ( no signature required ) and fed ex on the other letter If you do 2 methods , use fed ex first . Bigger element of surprise than US mail . last you need not call the sheriff unless your threatened . doesnt matter if its a loony tennant or not the threat should have been reported . When and if the tenant over stays the notice to vacate then is when one goes to the clerk of your countys court and file for eviction based on tenant failure to move out when properly notified to do so . you can go see your county clerk of the court and ask if they have a brochure /pamphlet available on the eviction proccess. If you cannot find the information you seek or do not understand what you do find by ALL means consider using the links up top to consult with a atty who can make sure you get the notice to vacate done correct .

 

[HomeGuru]

The estate should hire an attorney to deal with this problem tenant.