Legal Question in Real Estate Law in West Virginia
Room mates
I have a room mate that has lived with me for about a year he helps out with the bills. He has destroyed the room that he stays in and my diningroom. I own this house. I have givin him to the end of the month to move. What legal recourse can I take against him. What rights does he have the I need to be aware of. What steps do I need to take to insure this problem does not happen again with another roommate.
1 Answer from Attorneys
Re: Room mates
Generally speaking, the person or persons who hold the possessory interest in real estate can evict anyone. Of course the rights of the parties are determined by vested possessory rights, such as being a co-owner on a deed, co-lessee on the lease, sub-lessee, or other contract supported by consideration. You should consult a lawyer. You may have to bring an unlawful detainer in Magistrate Court or perhaps, merely call the local law enforcement to remove a trespasser. The facts and circumstances control the rights of the parties.
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