[StacieS]

My boyfriend has lived with me for the last 5 years. MY home is paid for so he doesn't help pay rent, however, he has chipped in on bills. He also receives mail at my PO Box. How can I legally make him move out? I would hate to get the police involved because we have a 2 year old daughter. But I know he will not leave cordially.

[N0help4u]

Police won't get involved in getting him out
You have to go through the legal eviction procedure. What state are you in so we can tell you how many days you have to give him.

[StacieS]

West Virginia

[N0help4u]

Sorry it took so long my computer was acting stupid

There seems to be conditions that determine W. Va eviction time like if he is a month to month then you have to give him a 30 day written eviction notice. If he doesn't have a written agreement I think he would still have to be given a 30 written eviction notice.

Then if he doesn't leave you have to go to court and get a court eviction. If he still doesn't leave by the time that is up then the constables or sheriff escort him off your property.

Here is what I found.

Under West Virginia law your landlord is required to provide you with proper written notice in advance before attempting to evict you. The amount of notice required varies depending on whether there is a written lease. If there is a written lease or rental agreement, the landlord is required to provide at least the amount of notice stated in the lease.

Most tenants simply rent housing on a month-to-month basis without any written lease. In these cases, West Virginia law requires that landlords provide tenants with notice of eviction at least one full rental period in advance before the end of the preceding period. This means your landlord must notify you before your new monthly rental period begins in order to request that you leave by the end of the month.


Even though West Virginia law requires landlords to provide proper notice in advance before attempting to evict tenants, in some cases the landlords can file a suit in court to evict tenants without providing any notice. If you are behind in your rent, then the landlord may go directly to court and file a suit to evict you without giving a written notice in advance. In addition, if you have violated some other provision of the lease, (for example, by having a pet without the landlord's consent) the landlord can also file a suit to evict you without providing a written notice in advance.

It is important for all tenants to realize that the most important right of all is that a landlord cannot evict you without first going through court, even if a written notice in advance is not required. In other words, a landlord cannot legally change the lock on your door, shut off your utilities, or take any other action to force you out of your rental housing without first going to court and proving to a judge or jury that he or she has the right to have you evicted