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There is no rental agreement and the tenant doesn't not have any rent?

Actually, you have a verbal month to month rental agreement. If you dont think he will move, go to the Magistrate and file eviction papers. Here in WV, the sheriff or an uninterested party must serve the legal papers and they must be served personally. The hearing must be within ten days. Then the magistrate gives him time to move . I have seen as little as 3 hours and as long as 30 days. Then you get the sheriff to remove him if he refuses t o leave.