Q: Can a landlord evict without notice while violating lease in WV?

A: In West Virginia, a landlord generally cannot legally evict a tenant without providing proper notice, even if the tenant has raised disputes over rent or lease terms. Your lease agreement sets the rules for eviction timing, and filing for eviction earlier than allowed can be considered a violation of that contract. Habitability issues, like backed-up sewage, extreme heat, or problems with keys and mail, also give you grounds to challenge eviction, as landlords are required to maintain a safe and livable property.

If the court denied you the ability to submit a motion or evidence, it may be necessary to request a continuance or appeal that decision to ensure your claims are considered. Documentation of your complaints via text, in-person reports, or photos of the uninhabitable conditions will strengthen your position. You can also raise the issue of unlawful rent increases or utility charges, especially if the landlord refused to transfer electricity to your name, creating an unfair financial burden.

Even if the landlord holds a public office, like being a district attorney, they are still bound by landlord-tenant laws. You may be able to present defenses at the hearing, including breach of lease and uninhabitable living conditions. Ensuring your evidence is organized and clearly tied to the lease violations and habitability issues will be crucial in protecting your rights and potentially preventing eviction.