Does anyone have any knowledge of West Virginia eviction processes? I was served with an evction notice my landlord typed up and taped to my door stating I had until Sept. 30th to leave. He is stating I have not paid Sept. rent when I have the cancelled chck where I paid in full and on time. He called me today and left a voice mail stating that he wanted to make sure I received the notice and that he would be periodically making checks on the property to see that I am indeed moving belongings out of house and returning to its original state. First of all, I thought he had to take me to court to evict me, not by some note on my door he typed up. Second, can he just stop by any time he wants to see i I am moving out? Doesn't he have to give me some notice or something? I would appreiate any info someone could give me.

Technically he has given you notice that he will be "stopping by", but he really only needs to give notice if he intends to enter the property. He can stop by and see if you are moving any boxes out without entering the residence, so he doesn't really need to give notice for that.

As for the "eviction notice" he sent you, it is really just a notice to pay or quit. You don't have to leave until a judge rules in his favor. Once the time alotted on the notice to pay or quit is up, the landlord will have to file a suit so the eviction can be heard in court.

If he is in error, send him copies of the cancelled checks. You will probably get an apology and avoid eviction.

I agreee with Brooks, he may have not recorded it in the books, so thought you had not paid.