Articles Posted in Landlord - Tenant

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West Virginia’s consumer credit protection statute does not regulate the residential rental fees a landlord may charge a tenant pursuant to a lease for residential real property. The Attorney General filed a civil action against Defendant Landlord, one of the largest residential lessors in the state, alleging that Landlord’s residential leases included fees and charges that violated the West Virginia Consumer Credit and Protection Act (CCPA), W.Va. Code 46A-1-101 et seq. Landlord filed a motion to dismiss on the grounds that the CCPA does not apply to residential leases. The circuit court denied the motion. Thereafter, the circuit court certified to the Supreme Court the question of whether the CCPA applies to the relationship between a landlord and tenant under a residential lease. The Supreme Court answered the question in the negative. View "State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC" on Justia Law

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Petitioners filed a petition in the magistrate court seeking to have Respondent evicted from one of their apartments. The magistrate court dismissed Petitioners’ claim as moot after a hearing. Respondent appealed. Thereafter, Respondent filed a complaint against Petitioners for, inter alia, unpaid wages and wrongful termination. The circuit court entered an order consolidating Respondent’s magistrate court appeal with his circuit court original complaint. Petitioners moved to dismiss three counts of the complaint on the grounds that the issues involved were litigated in the magistrate court proceeding. The circuit court denied the motion to dismiss. Petitioners then brought this writ of prohibition proceeding. The Supreme Court granted the writ as moulded, holding that the circuit court was prohibited from exercising original jurisdiction over the challenged counts in the complaint, as (1) W. Va. R. Civ. P. 42(a) allows consolidation of a magistrate court appeal with an action pending under the original jurisdiction of a circuit court; (2) Respondent’s claims for unpaid wages were not barred by res judicata and collateral estoppel, but those counts may go forward in circuit court as amendments to the magistrate court pleadings; and (3) Plaintiff’s wrongful discharge claim was a new cause of action not embraced by the magistrate cause of action for unpaid wages. View "State ex rel. Veard v. Hon. Lawrance S. Miller" on Justia Law