W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-10
Who may recover rent.
Operative Text
He to whom rent or compensation is due, whether he have the reversion or not, his personal representative or assignee, may recover it as provided in the preceding section, or may, in a proper case, resort to an attachment, whatever be the estate of the person owing it, or though his estate or interest in the land be ended. And when the owner of real estate in fee, or holder of a term, yielding him rent, dies, the rent thereafter due shall be recoverable by such owner's heir or devisee, or such term- holder's personal representative or devisee. And if the owner or holder alien or assign his estate or term, or the rent thereafter to fall due thereon, his alienee or assignee may recover such rent.
West Virginia Code § 37-6-10 establishes who has the legal standing to collect rent when ownership or tenancy interests change hands. The right to recover rent is not limited to the original landlord; it extends to personal representatives, heirs, devisees, and assignees, even after the original owner's estate or interest in the property has ended. This means that a transfer of property through death, inheritance, or voluntary assignment carries with it the right to collect rents that come due after that transfer.
Plain English — not legal advice.
Under § 37-6-10, property owners and managers should understand that the right to collect rent survives changes in ownership, including death and assignment. When a fee owner dies, heirs or devisees step into the position of rent collector for amounts that fall due after the date of death; when a landlord sells or assigns the property or the rent stream, the new owner or assignee holds that same collection right. Operators who transfer rental properties or who administer estates involving rental income generally document the assignment or succession clearly so that the chain of entitlement to rent is unambiguous.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-10 means that tenants may lawfully owe rent to someone other than the person who originally signed the lease with them, such as an heir, devisee, or assignee of the original landlord. If a tenant receives a demand for rent from a new party following a property transfer or the death of a landlord, that demand may be legally valid under this provision. Tenants who are uncertain about who is entitled to receive their rent payments, or who face an attachment action related to unpaid rent, may benefit from consulting a tenant-rights organization or reviewing the statute directly.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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