Commercial Real Properties.
(a) A property owner or their authorized agent may request, from any law-enforcement
officer having authority to act in the jurisdiction where the subject property is located, the
immediate removal of any person squatting in a residential dwelling or commercial building
if the following conditions are met: e
(1) The requesting person is the property owner or authorized agent;
(2) The real property includes a residential dwelling or commercuial building;
(3) An unauthorized person or persons are unlawfully occupying the property;
(4) The property was not open to the public at the timea of entry;
(5) The property owner or their authorized agent has directed the unauthorized person(s) to
leave;
(6) The unauthorized person is not current or former owners or current or former lawful
tenants;
(7) The unauthorized person is not immediate family members of the property owner or
tenants; and e
(8) No pending litigationL related to the subject property exists between the property owner
and the unauthorized person(s).
(b) To request the immediate removal pursuant to this section, the property owner or
authorized agent shall submit a completed and verified complaint to remove persons
unlawfully occupying real property ("complaint") to a law-enforcement officer having
autWhority to act in the jurisdiction of the subject property.
(c) Upon receipt of the complaint, the law-enforcement agency to which the complaint was
submitted shall conduct preliminary fact-finding, which may include reviewing any alleged
lease agreement, interviewing relevant individuals, and other relevant inquiries to ascertain
the validity of the complaint. If the preliminary fact-finding indicates probable cause that the
conditions outlined in subsection (a) of this section are met, then the law-enforcement
agency shall serve a notice to immediately vacate upon the unlawful occupants and put the
owner in possession of the real property.
(d) The law-enforcement agency is entitled to a fee for service of a notice pursuant to
subsection (c) of this section. Upon serving the notice, the property owner or their
authorized agent may request the law-enforcement agency to remove the unauthorized
person if they do not vacate the property when ordered to do so or request that they remain
at the property to ensure the safety of all parties during the removal of the person property
of the unlawful occupants.
(e) This section does not limit any other property owner rights or the authority of law-
enforcement.‹ Prev All West Virginia sections Next ›
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