2025 Regular Session
SB 641
Updating time frame for scheduling of hearing on petition for eviction
In Committee
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Sign in to take action- Introduced
- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes the timeline for scheduling hearings in eviction cases in West Virginia. Currently, the court must be notified of the desire to schedule a hearing before filing the petition. This bill requires the court to schedule a hearing five to ten judicial days after the petition is filed. The bill also clarifies the process for serving notice to the tenant.
Key provisions
- Requires a hearing to be scheduled five to ten judicial days after an eviction petition is filed.
- Mandates the court to schedule a hearing upon filing the petition.
- Specifies the method of serving notice to the tenant (West Virginia rules of civil procedure or certified mail).
- Requires the tenant to submit a written defense within five days of receiving notice.
- Defines the information required in an eviction petition.
Who is affected
- Landlords
- Tenants
- Magistrate Courts
- Circuit Courts
- Legal professionals involved in eviction proceedings
Notable changes
- Establishes a specific timeframe (5-10 judicial days) for scheduling eviction hearings.
- Requires court scheduling upon petition filing, rather than prior notification.
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