Eviction Despite an Agreed Rent Repayment Plan

Attorney Answer

Yes, she can file — an agreement to let you catch up does not stop an eviction case from being brought, and your agreement only helps you if you appear at the hearing and prove it.

The case she filed is governed by W. Va. Code § 55-3A-1, "Petition for summary relief for wrongful occupation of residential rental property." It lets an owner or agent file a verified petition in magistrate or circuit court alleging that the tenant "is in arrears in the payment of rent," has breached a warranty or leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another to do so. The petition must describe the specific arrearage, breach or damage. Here is the part that should organize your week: the court must set a hearing within five to ten judicial days of filing. This moves faster than almost any other kind of case, and if you do not appear, the landlord ordinarily gets possession without your side ever being heard.

Be clear about what your payment agreement is and is not. Section 55-3A-1 does not create a payment-plan defense. Your argument — that she agreed to give you two months to pay off the arrears and then filed anyway — is a common-law contract argument that she waived or modified the default. It is a real argument. But it is one you must raise yourself at the hearing and back with evidence: text messages, emails, a written note, a Venmo or Cash App history showing payments made on the schedule you agreed to, or a witness who heard the conversation.

Your ex is a separate problem with a separate answer. He is not a party to this eviction, and the landlord's case is against you, on the lease. Removing him from your home is not something this hearing will accomplish.

What you can do

1. Read the papers you were served and find the hearing date. Put it first in front of everything else. The hearing is within five to ten judicial days of filing. 2. Gather every message about the two-month arrangement — screenshots with the sender's name and the date visible, not retyped text. 3. Print your payment records showing what you have paid and when, including anything paid since the agreement. 4. Bring the money. If you can pay all or part of the arrears, arriving with funds in hand changes the conversation and often the outcome. 5. Appear at the hearing and say plainly that the landlord agreed to a two-month cure period and that you relied on it. Hand up your evidence. 6. Ask the court about legal aid or a lawyer for the day if you cannot afford counsel — many magistrate courts can point you to a local program.