Re: How can I sue for advanced rent? - Landlord Forum thread 342656

Re: How can I sue for advanced rent? by MrDan (Georgia) on January 31, 2016 @23:03

According to West Virginia Landlord Tenant law;

West Virginia Code
CHAPTER 37. REAL PROPERTY.
ARTICLE 6. LANDLORD AND TENANT.§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property;

The landlord may recover the rent owed up to the time when he or she became entitled to possession

§37-6-7. Reletting by landlord

"The landlord, or other person entitled to the rent may, however, at his election, incorporate...after he shall have taken possession of the demised premises...the tenant will still remain liable upon his lease, for the unexpired portion of his term, for the difference between the amount of rent received by the landlord from the new tenant, and the amount payable under the lease of the original tenant"

§37-6-8. Tenant's right to recover possession

"If the landlord shall have elected to continue to hold the tenant liable upon his lease, as provided in the preceding section, the tenant shall be entitled, upon the payment of all arrears of rent, and the satisfaction of any liabilities which shall have accrued upon the covenants or agreements contained in his lease..."

The problems a landlord might incur;
<L>If the landlord holds the tenant to future rents, the tenant is entitled to recover possession of the premises (re-enter) upon payment of all due monies.
<L>Small claims court limited is $5000.00
<L>The tenant files bankruptcy
<L>The tenant is judgement proof

This would be something best handled through an attorney before proceeding by yourself.

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Re: How can I sue for advanced rent? by Garry (Iowa) on January 31, 2016 @23:51	[ Reply ]

Mr. Dan, it looks to me that Iowa's and West Virginia's laws are every similar on this subject. I believe I said the same thing, just not in "legalese".

Re: How can I sue for advanced rent? by Anonymous on February 1, 2016 @04:59	[ Reply ]

No, MrDan gave facts and referenced that with the State statues to back up his opinion. You just stated your opinion without backing it up with facts. That's the difference between a good facts based opinion and someone blatantly stating their opinion as facts.

Re: How can I sue for advanced rent? by Garry (Iowa) on February 1, 2016 @16:40	[ Reply ]

Thank you for agreeing with me-----that I stated my OPINION, not any facts. This is a forum using mostly all opinions, as we are just average, everyday working people try to help others out using out knowledge and experience of the landlording business. I just looked up the word "opinion" in Websters dictionary. It says : a belief, not based on certainty or knowledge, but on what seems true or probable. or---- an evaluation, or estimation. If you want to keep dogging me about my opinions, that's up to you. But others on this forum are going to notice what you are doing, and chime in, and you may not like what they say. At least Mr Dan and I ( and others) try in our own ways to help out people with their problems. I don't see that with you.