H. B. 4463
(By Delegate Williams)
[Introduced February 17, 1998; 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 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
issues.
(c) In the case of a petition alleging a breach by the
tenant or damage to the property, if the defendant shall file an
answer raising defenses to the claim or claims set forth in the
petition the court shall proceed to a hearing on such issues.
(d) Continuances of the hearing provided for in this section
shall be for cause only and the judge or magistrate shall 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 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
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 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.