SB 799
Requiring receipt of return of service or return receipt be filed with court
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- Passed Senate
- Passed House of Delegates
- To Governor
- Became Law
Bill overview
This bill changes the process for eviction proceedings in West Virginia. It requires landlords to file proof of service (return of service or return receipt) with the court after the tenant receives notice of the eviction petition. The court must then schedule a hearing within five to ten judicial days of filing the petition, and the tenant has five days from receiving the notice to file a written defense. This bill applies to both residential rental properties and factory-built home sites.
Key provisions
- Landlords must file proof of service (return of service or return receipt) with the court.
- The court must schedule a hearing within five to ten judicial days of filing the eviction petition.
- Tenants have five days from receiving notice of the eviction petition to file a written defense.
- The petition must include specific details about the reason for eviction (arrearage, breach, or damage).
- Notice of the hearing must be served on the tenant according to West Virginia Rules of Civil Procedure or by certified mail with a return receipt requested.
- This bill applies to both residential rental properties and factory-built home sites.
- The petition must be verified.
- The court must schedule a hearing after filing the petition.
Who is affected
- Landlords
- Tenants
- Magistrate Courts
- Circuit Courts
- Legal Professionals
Notable changes
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