H. B. 2234


(By Delegate Williams)
[Introduced January 14, 1999; referred to the
Committee on the Judiciary.]




A BILL to amend and reenact section three, article three-a, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the court to award damages to landlords for damage caused to the leasehold premises by an evicted tenant.

Be it enacted by the Legislature of West Virginia:
That section three, article three-a, chapter fifty-five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3A. REMEDIES FOR WRONGFUL OCCUPATION OF RESIDENTIAL RENTAL PROPERTY.
§55-3A-3. Proceedings in court; final order.
(a) If at the time of the hearing there has been no appearance, answer or other responsive pleading filed by the tenant, the court shall make and enter an order granting immediate possession of the property to the petitioner.
(b) In the case of a petition alleging arrearage in rent, if the tenant shall file files an answer raising the defense of breach by the landlord of a material covenant upon which the duty to pay rent depends, the court shall proceed to a hearing on such the issues.
(c) In the case of a petition alleging a breach by the tenant or damage to the property, if the defendant shall file files an answer raising defenses to the claim or claims set forth in the petition the court shall proceed to a hearing on such the issues.
(d) Continuances of the hearing provided for in this section shall be for cause only and the judge or magistrate shall may not grant a continuance to either party as a matter of right. If a continuance is granted upon request by a tenant, the tenant shall be required to pay into court any periodic rent becoming due during the period of such the continuance.
(e) At the conclusion of a hearing held under the provisions of subsection (b) or (c) of this section if the court shall find finds that the tenant is in wrongful occupation of the rental property or that the tenant has negligently or intentionally caused damage to the premises, or both, the court shall may make and enter an order granting immediate possession of the property to the petitioner, or make and enter an order granting judgment for monetary damages, or make and enter an order granting immediate possession as well as judgment for monetary damages. In the case of a proceeding under subsection (a) of this section the court may also make a written finding and include in its order such relief on the issue of arrearage in the payment of rent as the evidence may require. Any moneys paid into court by the tenant in accordance with the provisions of this section may be ordered to be disbursed to the parties as may be appropriate under the findings of the court.
(f) Taking into consideration such factors as the nature of the property (i.e., furnished or unfurnished) the possibility of relative harm to the parties and other material facts deemed relevant by the court in considering the time in which the tenant might reasonably be expected to vacate the premises, the court shall in its order specify the time by which the tenant must remove himself from the property. The order shall further provide that if the tenant still wrongfully occupies the property beyond such time the sheriff shall forthwith remove him, taking such precautions as are necessary to guard against damage to the property of the landlord and the tenant.
(g) Absent an issue of title, retaliation, or breach of warranty, and in the event of an appeal wherein the tenant prevails, if the term of the lease has expired the relief ordered by the appellate court shall be for monetary damages only and shall may not restore the tenant to possession. During the pendency of any such appeal no tenant shall be entitled to remain in possession of the leasehold if the period of the tenancy has otherwise expired.



NOTE: The purpose of this bill is to authorize the court to award damages to landlords for damage caused to the leasehold premises by an evicted tenant.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.