Summary
The West Virginia Supreme Court of Appeals reversed a circuit court’s summary judgment requiring Patricia Napier to remove her mobile home from Jack Napier’s property and dismissing her counterclaim for retaliatory eviction. The court held that a person may qualify as a tenant under the West Virginia Residential Rental Property Act even when occupying residential property with permission and without paying rent, because a tenancy-at-will may arise in those circumstances. The court further held that summary judgment was improper because the record contained no evidence or sufficient factual findings that Patricia deliberately or negligently damaged the property or knowingly permitted another person to do so.
Holdings
- Payment of rent is not a prerequisite to being deemed a tenant. In the absence of a contrary lease agreement, a tenancy-at-will is created when a person occupies residential property with the owner's permission without being required to make periodic rent payments; such an occupant may be subject to a summary eviction proceeding under West Virginia Code section 55-3A-1 et seq.
- Summary judgment was improper because Jack Napier presented no evidence establishing that Patricia deliberately or negligently damaged the property or knowingly permitted another person to do so, and the circuit court's order lacked factual findings sufficient for meaningful appellate review.
- The dismissal of Patricia Napier's retaliatory-eviction counterclaim was summarily reversed because the circuit court dismissed it solely as a consequence of granting summary judgment to Jack Napier.
Questions Presented
- Whether a person who occupies residential property with the owner's permission but is not required to pay rent is a tenant subject to summary eviction under the West Virginia Residential Rental Property Act.
- Whether the circuit court properly granted summary judgment when the record contained no evidence and the order made no factual findings concerning the alleged property damage.
- Whether dismissal of Patricia Napier's retaliatory-eviction counterclaim should stand after reversal of the summary judgment.
Disposition
reversed_and_remanded
Cases Cited (22)
- Painter v. Peavy, 192 W. Va. 189, 451 S.E.2d 755 (1994)(followed)
- Aetna Cas. & Sur. Co. v. Federal Ins. Co. of New York, 148 W. Va. 160, 138 S.E.2d 770 (1963)(followed)
- State ex rel. McGraw v. Scott Runyan Pontiac-Buick, Inc., 194 W. Va. 770, 461 S.E.2d 516 (1995)(followed)
- Chapman v. Kane Transfer Co., 160 W. Va. 530, 236 S.E.2d 207 (1977)(followed)
- State ex rel. Johnson v. Robinson, 162 W. Va. 579, 251 S.E.2d 505 (1979)(followed)
- Miners in Gen. Group v. Hix, 123 W. Va. 637, 17 S.E.2d 810 (1941)(limited)
- Lee-Norse Co. v. Rutledge, 170 W. Va. 162, 291 S.E.2d 477 (1982)(overruled_authority)
- State ex rel. League of Women Voters of West Virginia v. Tomblin, 209 W. Va. 565, 550 S.E.2d 355 (2001)(followed)
- Eastern Steel Constructors, Inc. v. City of Salem, 209 W. Va. 392, 549 S.E.2d 266 (2001)(followed)
- State ex rel. Morgan v. Trent, 195 W. Va. 257, 465 S.E.2d 257 (1995)(followed)
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