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Public Information - Legal Questions?Are you currently looking to rent a home or apartment, or living somewhere without a written lease? Although oral leases are legally binding in West Virginia and offer the advantage of flexibility, you may want to consider a written lease. A lease can be for any period of time, and offers you protection from unexpected rent increases. It also spells out your and the landlord's responsibilities concerning repairs, subleases, insurance, security deposits and related issues. Leases are generally prepared by the landlord, but a tenant may also prepare one, and a tenant is certainly allowed to negotiate the terms contained in any lease. A written lease defines the rules of the game before you start to play -- be sure to carefully read its terms and don't sign until you understand all the clauses. Return To Top of Page Shopping for an attorney is like shopping for any other professional service. You should look for an attorney who is competent in the area of law your case concerns, who has time to take your case, and with whom you have a good rapport. If you become unhappy with your attorney, discuss the cause of your unhappiness with him or her. Attorneys are like any other busy people and sometimes misunderstandings occur due to miscommunications or hectic schedules. Feel free to discuss the cause of your concern with your attorney and try to resolve the matter. If you cannot resolve your differences, you are free to go to another attorney. The nature of your case and the agreement you sign with your attorney at the beginning of the attorney's representation of you may cause some restrictions to apply. When you search for an attorney, remember to consider quality representation, costs, and how you relate to the attorney. Return To Top of Page Complaints can be filed with the Lawyer Disciplinary Board by filling out a form which you can obtain by calling the Lawyer Disciplinary Board at (304) 558-7999. You may also file an ethics complaint against an attorney by sending a letter to the Lawyer Disciplinary Board outlining your complaint. The letter must be notarized. Mail complaints to: Lawyer Disciplinary Board, 2008 Kanawha Blvd., E., Charleston, WV 25311. There is no fee for filing a complaint. All complaints are processed by the Lawyer Disciplinary Board and a determination is made as to whether the attorney complained of has engaged in unethical behavior. For more information, please contact the Lawyer Disciplinary Board at (304) 558-7999. Return To Top of Page
Did you know that the IRS does not tax every single dollar of income you may receive? Certain types of income are excluded from the IRS definition of taxable income, and thus do not need to be reported on your personal income tax return. For example, amounts received under a life insurance policy paid by reason of death of the insured are generally excluded. Likewise, most proceeds received as a result of work or personal injuries don't have to be reported: workers' compensation, damages received from a lawsuit on account of personal injuries, or disability insurance income. Gifts and inheritances need not be reported as gross income, and most athletic and scholastic scholarship funds are also excluded. Remember, these are all generalizations and you should consult your attorney or accountant to make sure no special circumstances apply to your case. Return To Top of Page
Everyone deserves to have a safe home life, whether you live with your spouse, your parents, your grandparents, or someone who is not related to you. If you are suffering physical abuse, mental abuse, sexual abuse or even the threat of abuse, in your own home, you may be entitled to a domestic violence petition. The purpose of a domestic violence petition is to permit the abused persons immediate, although temporary, relief. This temporary relief will give the abused party time to rationally decide what permanent remedy they want to pursue. The Order of the Court can provide the following: 1. Protective relief from the abuser being in the home, calling the victim, or coming around the schools of the children; 2. Establishes spousal and child support; and 3. Sets up visitation rights with supervision if necessary. If you are a victim of abuse in your own home, contact your local
magistrate for more information on how you may file a domestic violence
petition for the protection of you and/or your children. The magistrate may also award you other kinds of temporary relief: possession of the home, custody of the children, and support for yourself and your children. The magistrate is required by law to tell you where the nearest domestic violence shelter is located. If your abuser violates the court's order, he or she can be held in criminal contempt and be sentenced to jail for that violation. Return To Top of Page You have just turned sixteen, and the day has arrived which you have waited for -- You can now drop out of school. You think that the only repercussion to dropping out is the lack of education -- but you're wrong. If you drop out of school at sixteen, you will lose your drivers license in the state of West Virginia - plain and simple. If you withdraw from school under the age of 18, your license will be suspended unless good cause is shown that the reason for your withdrawal is beyond your control. So before you drop out of school, reconsider everything you have to lose. Take advantage of two privileges given to you by the state of West Virginia - a chance for a good education and a drivers license. Return
To Top of Page Whom would you and your spouse nominate as guardian of your minor children should you both die? How do you want your real estate and personal property to be distributed? Do you want to make specific gifts to your alma mater, church or other charity? Did you know that if you do not have a will, these important issues, as well as other matters concerning your estate, will be decided by the court based upon a formula adopted by the legislature? A simple will drafted by an attorney can give you the peace of mind of knowing that your intentions will be carried out. Make an appointment to get a will. It is a relatively small sacrifice to make now in terms of time and money for protection that lasts more than a lifetime. Return To Top of Page If you are entering into a written agreement to purchase or sale products or services for the rental of space for residential or other purposes, the agreement must be written in a clear and coherent manner, using words which you understand, it should be easily legible and organized and captioned so that it is easily understood. If you do not understand the agreement, before signing, ask the party presenting the agreement to revise it is such a way that you fully understand the requirements and terms of the agreement. W.Va. Code Subsection 46A-6-109. Return To Top of Page If you purchase a new vehicle in the state of West Virginia which does not conform to its express warranties, report the problems to the vehicle manufacturer or authorized dealer, either during the term of the express warranties or one year after the date of delivery, whichever is the later. The manufacturer or dealer is required by law to make the needed repairs. If, after repeated attempts to remedy the problem with the vehicle, the manufacturer or dealer fails to fix the vehicle and defects substantially impair the use or market value of the vehicle to you, the manufacturer may be required to replace the defective automobile. Return To Top of Page Beware of those promoting deals for services or goods which sound "too good to be true." Too often, these deals are "too good to be true." You should know that any unfair method of competition, such as false or misleading representations, or unfair or deceptive acts or practices, such as false advertising or selling used goods as new and many other tactics use by sly salespeople are unlawful. Questioning the actions and statements of individuals selling you goods and services is the best way to protect yourself. For more information regarding your rights as a consumer, contact the Consumer Affairs Division of the State Attorney General's Office at (304) 558-8986 or toll-free at 1-800-368-8808. Return To Top of Page Providing civil legal representation to low-income persons is not a new idea in West Virginia. Legal Aid has been in operation in this state, in some form or another, since the 1950's. Today, three programs provide representation; Legal Aid of WV, Mountain State Justice and West Virginia Senior Legal Aid. All of these programs provide representation to low-income persons in any civil matter. However, due to limited resources, all programs in conjunction with their client community must prioritize the type of work they do. No criminal representation is permitted and there are other cases in which assistance may not be provided. If you have a legal problem and feel that you may qualify for free representation, please contact the office legal aid office at 1-800-642-8279. You can also review the Legal Aid of WV online state map to find the Legal Aid office serving your area - http://www.lawv.net/Home/PublicWeb/LegalSvcs/WVMap Return To Top of Page Most people associate the Robin as the harbinger of Spring, but along with the blooming of the dogwood in West Virginia also comes the annual trek of the home improvement con artist. One common "come on" used by these unscrupulous contractors is, "I have some asphalt left over from another job, so I'll only charge you for the labor." In reality, you are charged an exorbitant price and when the asphalt prove to be of inferior quality, your door-to-door contract is nowhere to be found. If you have been the victim of such a scam, contact the Consumer Protection Division of the State Attorney General's Office at 1-800-368-8808. Return To Top of Page Did you know that a law passed several years ago makes it even more important to take traffic tickets seriously - unless you want to lose your driver's license. If you receive a traffic ticket, you should contact the court as soon as possible, normally within five days. If you don't, your license will be suspended until the ticket is paid or dismissed. Prompt payment of any fine and court costs is also important. If your fine and costs are not paid in full within 90 days, your license will be suspended until payment has been made. To make payment easier, courts have the authority to allow installment payments instead of a lump sum payment. Return To Top of Page The devastation wreaked by drunk driving on our highways has been the focus of much national attention. West Virginia has responded to this societal problem by instituting tougher laws on drunk driving. A first offense for driving under the influence of alcohol, controlled substance or drugs is a fine from $100 to $500 and a sentence of 24 hours to 6 months in jail. A second offense brings a penalty of $1,000 to $3,000 and a jail term of 6 months to one year. A third offense brings a penalty of $3,000 to $5,000 and jail time of 1 to 3 years. And by the way, you will most likely lose your driver's license as well. West Virginia sends a clear message -- DON'T DRINK AND DRIVE. Return To Top of Page In accordance with The Taxpayer Relief Act of 1997, now up to $250,000 in capital gain is excluded ($500,000 for married couples) on the sale of the principal residence, the exclusion may be taken once every two years. Return To
Top of Page As a tenant of residential property, you should require that each and every provision of your agreement with the landlord be stated in a written lease. Why go through all the formalities of a written contract? A written lease assures that you have enforceable rights in court in the event of disagreements with your landlord . . . for instance, the tenant and landlord will often fail to verbally clarify what is to happen to the security deposit. Can the landlord deduct part of the deposit for routine cleaning, painting and minor repairs? By clearly specifying in the lease those charges that may be subtracted from the deposit and the time limit for the deposit refund, you can avoid a dispute. It's worth your time to get it in writing. Revised: 06/15/00 |
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