Skip to content

Your situation, stage by stage

WHERE YOU ARE

Pick the situation that is yours and put in each date once, on the stage it belongs to. The page shows the stage you are at and the period the statutes set after it, with whose period it is and the section it comes from. It says what the law sets, never what to do about it.

All of it runs in this browser. The dates are the same ones Your clock and your case file hold, and nothing you type is sent anywhere. What this site records.

Which situation is yours

A hearing five to ten judicial days after the petition, five days to file a written defense, and thirty days for belongings after the order.

An eviction for unpaid rent. 4 stages, from The eviction hearing.

  1. Stage 1 · What the statutes set next

    The eviction hearing

    Period
    10 court days
    From
    The landlord filing the petition, and not less than five judicial days after it
    Whose
    The court

    The hearing on a petition for possession is set not less than five nor more than 10 judicial days after the petition is filed.

  2. Stage 2 · Later in the statutes

    Filing a written defense to an eviction petition

    Period
    5 days
    From
    The tenant's receipt of the notice of hearing
    Whose
    The tenant

    Any written defense may be filed and served on the landlord within five days, and a tenant with no answer by the hearing loses possession.

  3. Stage 3 · Later in the statutes

    Belongings left after an eviction order

    Period
    30 days
    From
    The date and time the court ordered the tenant to vacate
    Whose
    The tenant

    Belongings stored or left on the property may be disposed of after thirty days if the costs are unpaid and the tenant has not taken them.

  4. Stage 4 · Later in the statutes

    Extra storage for belongings worth over $300

    Period
    30 days
    From
    The end of the first thirty days, once the tenant says they will remove property worth more than $300
    Whose
    The landlord

    The landlord stores belongings worth more than $300 up to thirty additional days for a tenant who says they will remove them and pays the costs.

Around these dates

What the law asks of each side between them, a step at a time: The Eviction Papers

A date put in here is the same date on Your clock and in your case file, and Add to calendar puts it in your own calendar with reminders. It stays in this browser.

Every stage here is a period on the clock. A situation that is not listed may still have its periods there, and Your clock counts any one of them from a date.

MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed West Virginia attorney.