Property Management
In West Virginia, a month-to-month tenant who has received proper notice to vacate but refuses to leave becomes a:
ATenant at will who may stay indefinitely
BHoldover tenant (tenant at sufferance), subject to eviction proceedings✓ Correct
CProtected tenant under the WV Landlord-Tenant Act for 90 days
DTrespasser who may be immediately removed by police
Explanation
A holdover tenant (tenant at sufferance) remains in possession after the tenancy has properly terminated. The landlord may pursue eviction through the court system or, in some cases, may create a new month-to-month tenancy by accepting rent from the holdover.
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