Introduction to Landlord-Tenant Law in West Virginia WV State Bar Webinar September 27, 2017 Susana Duarte Sam Hanna Bruce Perrone

Transcription

1 1. General overview: Introduction to Landlord-Tenant Law in West Virginia WV State Bar Webinar September 27, 2017 Susana Duarte Sam Hanna Bruce Perrone a. We are discussing residential rental landlord/tenant relationships only 2. What s in the Agreement i. Not covering: 1. commercial realty; or 2. Land Purchase Contracts; or 3. non-tenant squatters addressed via Ejectment or Unlawful Detainer ii. So called Rent-to-Own arrangements can be difficult to categorize. There s lots of factual variation with these things. 1. Was there a down payment? More than a normal Security Deposit amount? 2. Can be further complicated by work--in-lieu-of-money elements. 3. What about you pay the rest of the loan payments on the trailer and it s yours? 4. Often the actual terms may override the non-technical words rent to own iii. In general, the less formally the RTO arrangements are written up, the more they tend to look like purchase agreements. They have to be scrutinized carefully. a. Most of the provisions of WV Landlord-Tenant law can be varied by agreement of the parties. b. Only a few protections are beyond the possibility of change by explicit terms in the agreement. i. Warranty of Habitability ii. Prohibition against Retaliation for exercise of rights related to the tenancy iii. Statutory Security Deposit requirements ( 37-6a-1 et.seq.) iv. State and federal Fair Housing laws (including Disabilities protections) v. Illegal Discrimination (race, gender, religion, national origin, age, etc) c. This means you cannot definitively advise your client until and unless you know what is in the Agreement (written or verbal) d. Anything NOT covered or varied by the Agreement will be governed by the default structure of WV law 1

2 3. Landlord obligations a. Basic contract law: Follow the lease; honor any promises made at inception of tenancy as part of the deal (e.g., promises to re-paint or we ll get this fixed or the like) b. Warranty of Habitability i. Definition 1. WV Code Teller v. McCoy, 162 W. Va. 367, 253 S.E.2d 114 (1978) ii. Elements of Claim: 1. Material Defects 2. Knowledge of Landlord a. Implied for all conditions existing at inception of tenancy; b. Tenant must notify for any conditions arising after inception of tenancy 3. Reasonable opportunity to repair 4. Failure/refusal to repair in reasonable time iii. BUT: 1. No obligation for defects caused by tenant neglect or abuse; and 2. No obligation to repair if tenant in arrears before the defect arose. a. Note: Tenant withholding after defect arose does not suspend the obligation to repair iv. Available Tenant Remedies for Breach of Warranty of Habitability 1. Immediate rescission. Move out without further liability under lease; 2. Sue for affirmative damages (reduction in fair rental value, plus Annoyance & Inconvenience. Adams v. Gaylock, 180 W. Va. 576, 378 S.E.2d 297 (1989) 3. Withhold rent, and assert Habitability violation as a defense to any ensuing eviction action (with a likely counterclaim against LL for damages) v. Remedies not available for Breach of Warranty of Habitability 1. Repair and Deduct (unless LL consents) 2. Specific Performance a. Ordinarily the court cannot order the landlord to make particular repairs. May only set a reduced fair rental value 2

3 to be paid by tenant for the premises in defective condition, until LL makes the repairs b. However, courts will order emergency repairs of life threatening conditions (e.g., no heat in bitter winter weather) vi. Protective Orders requiring payment of rent during pendency of case vii. Practical tips: 1. Neutral party verification (Building inspector, health department inspector; utility company; etc) 2. Photos/videos viii. Applicability of Warranty of Habitability to RTO: 1. If it is in fact a rental the Warranty of Habitability applies, despite any As Is language or other disclaimers; 2. If it is in fact a land sale contract, Warranty of Habitability does not apply; c. Best practices: provide receipts, document everything in writing d. ADA and WV Fair Housing law i. Obligation to Reasonably Accommodate limitations of the disability ii. But Reasonable Accommodation may not impose Undue Burden iii. Waivers of ADA compliance for existing structures, until substantial changes or renovations are made. 4. Tenant remedies for Landlord breach, other than Warranty of Habitability a. Standard contract analysis i. Rescission - Terminate the lease for material breach and depart with no further liability ii. Affirmative suit for compensatory damages, while maintaining possession iii. Specific Performance if traditional equitable criteria are met, essentially regarding unique nature of the contracted obligation b. If violation of Fair Housing, ADA, or other supervening statutes, see remedies in those fields of law 3

4 5. Tenant Obligations a. Basic contract law: Follow the lease; honor any promises made at inception of tenancy as part of the deal b. Pay rent c. No damage to premises beyond normal wear & tear d. Quiet Enjoyment - for self and others e. Follow lease provisions regarding visitors, guests, additional residents 6. What are the landlord s remedies if the tenant breaches the lease a. Older forms of action: i. Ejectment, WV Code et.seq. ii. Unlawful Detainer, et.seq. for circuit court; and for magistrate court b. Wrongful occupation action: 55-3A-1 et.seq. c. i. Hearing set at time of filing of petition, to be held within 10 days of filing ii. Grounds: 1. Non-payment of rent 2. Damage Deliberately or negligently damaged the property; 3. Breached a warranty or leasehold covenant. iii. Jury trial available iv. If filed in magistrate court Removal to circuit court available if $2,500 amount in controversy met. Code Value of future months of occupancy, and amounts of any counterclaim, considered as part of amount in controversy. State ex. rel. Strickland v. Daniels, 173 W.Va. 576, 318 S.E.2d 627 (1984) v. Rules of civil procedure, including discovery, apply; although time lines may be shortened by the court upon motion, for good cause. Criss v. Salvation Army Residences, 319 S.E.2d 403 (1984). vi. Right to Appeal from magistrate court ruling. Code Absolute within 20 days of judgment; 4

5 2. May be filed late upon Good Cause, so long as order approving late appeal filed within 90 days of judgment 3. No bond shall be required of a person who files qualifying Fee Waiver Affidavit. Code ; Bay v. Marshall, 227 W.Va. 679, 714 S.E.2d 331 (2011). 4. No further discovery available in the appeal process. Civil Rule 81. vii. Possession of premises during pendency of appeal 1. In an appeal from any magistrate court civil case, Code (a) and Magistrate Civil Rule 18A state further proceedings to enforce the judgment are stayed by filing of appeal. This is automatic, not a stay granted only upon motion. 2. Wrongful Occupation statute: two critical sentences: a. During the pendency of any such appeal, the tenant is not entitled to remain in possession of the property if the period of the tenancy has otherwise expired. Code 55-3A-3(g) b. In the event an appeal is taken and the tenant prevails upon appeal, the relief ordered by the appellate court shall be for monetary damages only and shall not restore the tenant to possession if the term of the lease has expired, absent an issue of title, retaliatory eviction, or breach of warranty. Code 55-3A-3(g). c. Legal Aid s analysis to reconcile these sentences: i. If the tenancy has otherwise expired then: 1. Tenant cannot remain in possession during appeal AND 2. Tenant cannot be restored to possession after winning an appeal, absent issue of Title, Retaliation, or Warranty; but ii. If the tenancy has not otherwise expired then: 1. Tenant may maintain possession during appeal; 2. And/Or, tenant may be restored to possession upon winning an appeal. d. And see Justice Ketchum s concurring opinion in Bay v. Marshall, 227 W.Va. 679, 714 S.E.2d 331 (2011). The possession issue was moot by the time of the Supreme Court decision, so was not addressed by the majority opinion. i. Justice Ketchum s concurring opinion opined that in view of the plain language of W.Va. Code 55-3A-3(g), a tenant found to be in wrongful occupation whose tenancy has expired, may not remain in possession of the property during the pendency of his appeal. 5

6 ii. The wording of that sentence accords with the view given above; d. Recovery of possession: Do not breach the peace utilize fast simple magistrate court Wrongful Occupation process 7. Termination of Periodic Tenancy by Notice (i.e., without breach of agreement) a. Periodic tenancy e.g. month-to-month or year-to-year. No fixed ending date. b. If agreement has a provision permitting early termination without breach, follow the lease requirements c. If no provision in the agreement regarding termination, then follow Code i. Must be in writing ii. Must be delivered one full period before the end of any period 1. [If year-to-year lease, then three months] iii. Plain English: vacate by the end of the next rental month. iv. Rental period defined by date rent is due, which is not necessarily the 1 st of the month v. Because these evictions are not based on any alleged breach of agreement, judges may require highly technical compliance with the one full rental period requirement. 8. Tenant abandonment with personal property left on premises [see 2-pge handout] a. At the behest of furniture/appliance dealers with purchase money security interests, and of Rent-to-Own furniture companies, some years ago legislature enacted provisions requiring landlords to safeguard personalty left on the premises. If landlord does not follow these Safe Harbor rules, they are exposed to liability. b. After court-ordered eviction date: Code 55-3A-3(h) and 55-3A-3(i). Two options: i. If tenant informs LL in writing that personal property is abandoned or garbage, then Landlord may dispose of it without liability; OR ii. Safeguard for up to 30 days. May dispose after 30 days if: 1. Tenant has not paid reasonable storage cost and/or reclaimed items; OR 2. Costs of storage equal the value of the personalty being stored. iii. HOWEVER, must store an additional 30 days if: 1. Personalty is worth more than $300, AND 2. Either tenant or person holding security interest requests additional 30 days, AND 3. That person pays the reasonable costs of storage and removal. c. Abandonment during term of tenancy, with no court eviction order

7 i. Step One: Right to Regain Possession of Premises 1. Post notice in conspicuous place on the premises, requiring tenant to pay rent within one month, AND 2. Tenant does not pay during that time; THEN 3. Landlord entitled to enter and recover possession of premises, and may sue to recover rent owed. ii. Step Two: Retention/Disposal of Abandoned Personalty (only after written notice and expiration of time period): 1. Content of Written Notice: a. Premises are considered abandoned; AND b. Any personalty must be removed within 30 days after mailing i. (60 days if tenant has notified on Active Duty) 2. Delivery of Written Notice: a. Post in conspicuous place on premises, AND b. Mail First Class, Return Receipt Requested, marked Please Forward, with Certificate of Mailing, to: i. Leased property address, AND ii. Any P.O. Box held by tenant and known to landlord or Housing Authority; AND iii. Any forwarding address known to Landlord or Housing Authority or provided by tenant. 3. Disposal if personalty not reclaimed by deadline 4. HOWEVER, store an additional 30 days if personalty worth more than $300 and tenant or person holding security interest pays reasonable costs of storage and removal. 9. Retaliation a. Prohibited by Imperial Colliery v. Fout, 179 W.Va. 776, 373 S.E.2d 489 (1988). See also Adams v. Gaylock, 180 W.Va. 576, 378 S.E.2d 297 (1989. b. This protection applies only to retaliation for rights related to the tenancy. c. May be asserted affirmatively, not just as a defense to eviction. Murphy v. Smallridge, 196 W.Va. 35, 469 S.E.2d 167 (1996). Imperial Colliery v. Fout, 179 W.Va. 776, 373 S.E.2d 489 (1988). 10. Security Deposits a. Federally subsidized housing. Federal rules prevail over state law, or any contrary provision in the lease. In general, landlords with tenants who are federally subsidized have 30 days to either refund the deposit or itemize the charges. 7

8 b. WV Code 37-6A-1 et.seq., applies to rentals initiated after June 10, c. Time period: Within 60 days of termination of tenancy, or 45 days of occupancy by a new tenant, whichever is shorter. 37-6A-1(7). d. Obligation: refund the deposit, minus any deductions for damages or other charges, along with an itemization of damages and charges. 37-6A-2(a). e. Property owner at time of termination of tenancy is obligated, regardless of when the ownership interest was acquired or whether security deposit was transferred from prior owner. 37-6A-2(e). f. Landlord to maintain records of all deductions for noe year after termination; and must permit tenant to inspect records within 72 hours of request to do so. 37-6A-3. g. Penalty for violation: Amount of unreturned security deposit PLUS Annoyance and Inconvenience equal to one-and-a-half-times the wrongfully withheld amount (unless tenant owes rent at termination). 37-6A-5. h. Waiver of statutory Security Deposit rights prohibited. 37-6A Federal rules for Landlords renting to Section 8 Voucher tenants a. Tenant-Based Section 8 Voucher assistance; i. Housing Authority pays to the private landlord a portion of the tenant s rent; tenant pays remaining portion. Amounts are determined based on tenant s household income. ii. Premises must pass inspection by Housing Authority iii. Total Rent charged by landlord must be at or below a federally defined cap for the household size in that community 1. Tenant may not offer, and landlord may not require, side payments not identified and approved in the lease and HAP contract iv. Distinguish from Public Housing, Project Based Section 8; other HUD-subsidized; LIHTC; Rural Development; etc [which we are not covering] b. Federal requirements override state law i. Federally required Lease Addendum with a lot of detailed rules; ii. Federally required Housing Assistance Payment (HAP) contract between landlord and the Housing Authority providing assistance, with a lot of detailed rules. c. Major differences affecting Section 8 Voucher landlords: i. Initial term must be one-year lease; may convert to month-to-month after that ii. During first year, eviction may be for Good Cause only 8

9 1. Either material violation of lease, or 2. Repeated minor violations iii. Tenant entitled to notice of eviction, of specificity sufficient to permit preparation of a defense. iv. LL must also give advance notice to Housing Authority of eviction; failure to do so is a defense to eviction. v. Self-help eviction prohibited 12. Factory-Built Home Rental Communities (i.e., trailer parks). WV Code et.seq. a. Definition: a parcel of land with two or more factory-built homes on a continual, nonrecreational basis (c). i. But not premises occupied solely by a landowner and members of his family (c) b. Requirements: i. Must have a written lease prior to commencement of tenancy (a) ii. Lease shall contain 1. Terms of tenancy and rent 2. Rules and regulations of community (attached copy sufficient) 3. The language of the provisions of this article, (b)(3); and 4. Description of physical improvements, maintenance, services and fees provided by or assumed by either Landlord or Tenant iii. Lease CANNOT contain provision contrary to the statute, or waiver of rights under the statute. c. Minimum Rental Periods. d. Protections i. Single Wide homes. No termination of tenancy except for Good Cause, for first 12 months of tenancy. ii. Double Wide homes. No termination of tenancy except for Good Cause, for first 5 years of tenancy. i. Landlord may not demand or collect [ (a)]: 1. Any fee not listed in the agreement 2. Any entrance fee 3. Any fee for improvement to interior of home unless tenant expressly employs landlord to make the improvements. ii. Any invitee of tenant has free access to tenant s home, unless a court order says otherwise (b). 9

10 iii. Tenant cannot be restricted in choice of vendors of mobile home or other goods or services, except that landlord may prescribe reasonable requirements governing size, style or quality of homes or structures (c). iv. Termination of Tenancy in Factory-Built Home Community 1. Written notice at least 3 months prior to termination date (c). 2. Notice must include specific facts to permit determination of the date, place, witnesses and circumstances concerning the reason for termination (e). v. No Restriction on Tenant Sale of Home if Termination is Not For Good Cause 1. Unless the landlord is changing the use of the site (i.e., it won t be a mobile home park any more), landlord may not prevent the sale of the home in place to another purchaser who meets the standards and restrictions in effect for other new tenants (f). vi. Longer Notice When More than 25 Tenants Affected in an 18 month period a. In that event six month advance notice is required, unless landlord obtains written agreement to voluntarily vacate the premises by every tenant prior to the end of the 18 month period. vii. Separate Statute for Wrongful Occupation of Factory-Built Home Site. 55-3B-1 et.seq. 1. Applies regardless of whether home is just a single site, or in a factorybuilt home community. 55-3B-1(b). 2. Distinguish order the tenant to vacate the premises from order the tenant to remove the factory-built home. 55-3B-6(e). a. Court may not order tenant to vacate in less than 30 days unless: i. Failure to pay rent ii. Damage to property of landlord or other tenants; or iii. materially threatened or harmed the quiet enjoyment of other tenants or neighbors b. Court may not order tenant to remove the home in less than 90 days unless: i. Failure to pay rent ii. Presence of home poses imminent threat to health or safety of others. 3. Remedies for failure to remove the mobile home. 55-3B-6(g) a. Landlord may dispose of the home if tenant informs in writing that it is abandoned; 10

11 b. Landlord may remove and store for 30 days after courtordered removal date; then may sell (not dispose ) after 30 days if tenant hasn t paid reasonable costs of storage and taken possession of the home, or if costs of storage equal or exceed value of home; c. Landlord may leave the home in place, then sell (not dispose ) after 30 days if tenant has not paid reasonable costs of storage and taken possession of home d. Proceeds of sale of home by landlord must be distributed pursuant to UCC Article 9, except landlord has priority to recover unpaid rent and may require purchaser to post in escrow the cost of moving the home. 55-3B-6(i). 4. Disposition of Personalty Left In the Home. 55-3B-6(i). a. Generally similar to provisions discussed previously about Personalty abandoned in ordinary rental premises. See and/or 55-3A-3(g). 11

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162 Susana Duarte 839 Gordon Drive Charleston, WV (304) EDUCATION University of California, Berkeley School of Law (Boalt Hall) J.D., May 2005 Concord College, Athens, West Virginia B.A., summa cum laude, May 2002 EXPERIENCE Supervising Attorney, Legal Aid of West Virginia, Inc. Charleston, WV Supervise the legal unit in the Charleston office, which provides legal services to a seven-county regional area. Supervise staff including attorneys and support staff, ensure services provided to our service area, and provide for general office management. Represent low-income clients primarily in landlord/tenant law with a focus on subsidized housing. Develop and present LAWV internal staff trainings on housing and domestic violence law. Developed and presented subsidized housing training for Committee on Regional Training. August Present Staff Attorney, Legal Aid of West Virginia, Inc. Charleston, WV Represent low-income clients primarily in domestic and subsidized housing cases in various rural and urban counties throughout West Virginia; prioritize cases involving domestic violence and those involving risk of homelessness; act as liaison between the Charleston office and Resolve Family Abuse Program; assist in the local United Way Grant application process; supervise summer law school interns; facilitate the Housing Task Force within LAWV; member of LAV Fundraising Committee; provide Domestic Violence & Housing trainings to various audiences including attorneys and clients. October, 2005 August 2009 Law Clerk, Bread for the City Summer, 2004 Washington, DC Law Clerk, Family Violence Law Center Oakland, CA Spring semester through Domestic Violence Clinical Program at Boalt, 2004 Law Clerk, Law Center for Families Summer, 2003 Law Clerk, Domestic Violence Restraining Order Clinic Summer and Fall Semester, 2003 Legal Assistant, Stephen Conrad, Esq., P.C. Summers and other academic recesses, Oakland, CA Richmond, CA Woodbridge, VA Languages: Proficient in Portuguese and Spanish

163 Bruce Perrone 2502 Jakes Run Road Elkview, WV Employment: Education: Advocacy Support Counsel - 03/02 to present - Legal Aid of West Virginia. Coordinate support systems for litigation and advocacy throughout the statewide organization; Legal Content Coordinator for Legal Aid s internal advocate resources web site. Managing Attorney - 01/00 to 03/02 - Appalachian Legal Services. Senior management attorney, supervising special projects and housing litigation, answering to Executive Director and Legal Director. Counsel to WV Regional Long-Term Care Ombudsman Program. Acting Director - 1/93 to 9/96 - Legal Aid Society of Charleston during extended medical absence of Executive Director. Litigation Director - 2/85 to 12/99 - Legal Aid Society of Charleston. Also served as counsel to West Virginia Regional Long-Term Care Ombudsman Program, operated by LASC, from its formation in 1991 to Executive Director - 11/81 to 1/85 - North Central West Virginia Legal Aid Society, Morgantown, WV Staff Attorney - 8/78 to 11/81 - North Central WV Legal Aid Society, Morgantown, WV. Washington & Lee University Law School - J.D. 1978, Washington & Lee University, Lexington, VA. (Associate Editor, Law Review; Volunteer, Legal Aid Association; Vice- President, Student Bar ). Davidson College - B.A. Economics 1975, Davidson College, Davidson, NC. Consultant Positions: Tirana (Albania) Legal Aid Society - Fall 1999; September Through Central & East Europe Law Initiative program, operated by American Bar Association, US AID and the Soros Foundation. Spent 30 days in 1999, assisting management in first year of operation of the first legal aid program in Albanian history. Focus on law office management and supervision systems. Return evaluation of 10 days in Publications: West Virginia's New Summary Eviction Proceedings: New Questions For An Old Answer. 87 WV Law Rev. 359 (Winter ). Pro Bono Counseling: Contributing Your Specialized Knowledge. 2 WV Lawyer 14 (Feb/Mar 1989).

164 Winning Money For Clients On Welfare: How It May Affect Their Public Benefits. 4 WV Lawyer 28 (Nov 1990). Regionally Shared Training: The Key to Strengthening Your Advocates. Management Information Exchange Journal, Fall Boards and Community Activities: Appalachian Center for Independent Living Board member and treasurer of non-profit organization providing advocacy and support services for people with disabilities seeking maximum independence in their lives to present. We the People - Volunteer Judge in nationwide constitutional law competition among high school students, sponsored by Center for Civic Education. Have served at regional competitions, state competitions, and one time at national finals in Washington, DC to present. College Summit Volunteer Writing Tutor, 2010 & 2011 Intensive 4-day program to support at-risk low income high school students with potential to attend college. Children's Policy Institute - February 1993 to Co-Chair of Board of policy advocacy organization focusing on issues affecting children's health and well-being in West Virginia. West Virginia Guardianship Task Force to Appointed to Task Force for the West Virginia Department of Health & Human Resources proposing legislative reform in areas of advance directives for health care decision making, surrogate health care decision making, and major reform of Guardianship Proceedings in West Virginia. West Virginia Civil Liberties Union Board member Bar Activities, Professional Associations and Activities: Committee on Regional Training Regional consortium of civil legal services programs in Ohio, Michigan, West Virginia and Indiana, working to provide quality training specific to the needs of civil legal aid advocates to present; Board Vice President 2014 to present. Occasional coordinator of training events, and regular trainer in skills events [Basic Lawyer Skills; Negotiations; Litigation Planning; Trial Advocacy; Discovery]. WVU College of Law Visiting Committee Public Interest Law representative on WVU College of Law s advisory committee of West Virginia lawyers West Virginia Law Institute Landlord/Tenant Law Revision Committee Served as member of statewide task force examining possible comprehensive updating and reform of WV Landlord/Tenant law West Virginia Supreme Court Task Force on Self-Represented Litigants - December 1999 to Chair of Task Force appointed by Chief Justice of WV Supreme Court, to examine issues and make recommendations to court system related to increase in number of self-represented litigants in West Virginia.

165 West Virginia Supreme Court Task Force on Public Trust and Confidence in the Judicial System - December 1999 to Member of Task Force appointed by Chief Justice of WV Supreme Court, to examine issues and make recommendations to court system to strengthen the judicial system. West Virginia State Bar Legal Services Symposium - Member of statewide task force of attorneys, judges, and lay people re-examining the system of delivery of civil legal services to poor people in West Virginia Commission on the Future of the WV Judicial System - Appointed by WV Supreme Court of Appeals, to serve from 10/97 to 12/98. Committee on Implementation of the ADA in the WV Judicial System to Founding member of committee appointed by WV Supreme Court of Appeals and WV State Bar Association. Adjunct Instructor in Trial Advocacy. WVU College of Law, Fall Semesters 1982, 1983 and Volunteer assistant to Professor Charles DiSalvo in Trial Advocacy course. West Virginia State Bar Association to Committee on Legal Services to the Poor; Committee on Pro Bono and IOLTA Programs; Public Interest Law School Scholarship Committee. CLE lecturer various topics and events including: WV Elder Law; Medicaid Planning for Nursing Home Coverage; Housing Law; Medicaid for Disability Lawyers; and Surrogacy vs. Guardianship: Benefits and Costs Compared. Bar Admissions - Supreme Court of Virginia 1978 Supreme Court of Appeals of West Virginia 1979 U.S. District Courts for Northern and Southern Districts of WV U.S. Bankruptcy Court for Northern District of WV Fourth Circuit U.S. Court of Appeals Sixth Circuit U.S. Court of Appeals. International Travel: (recreational and professional) Albania, Austria, Bahamas, Botswana, Canada, China, Costa Rica, Czech Republic, England, France, Greece, Guatemala, Honduras, Hungary, Kazakhstan, Mexico, Portugal, South Africa, Spain, Turkey, Zimbabwe

166 SAMUEL F. HANNA - Sam Hanna is the sole proprietor and owner of Hanna Law Office in Charleston, West Virginia. Mr. Hanna received a bachelor of arts degree from Wake Forest University in 1981 and received his Juris Doctor degree from Campbell University in North Carolina in While at Campbell University Mr. Hanna was the recipient of the Fred O. Dennis Book Award, a member of the Moot Court Team and a writer for the Campbell Law Observer. Mr. Hanna has been a featured speaker in Landlord/Tenant Law for the National Business Institute as well as Sterling Education Services, Inc. Mr. Hanna has also been a speaker at the West Virginia Multi-Family Rental Housing Conference. Mr. Hanna represents major property owners regarding landlord/tenant issues throughout the State of West Virginia.