W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-18
Removal of goods by third party having lien.
Operative Text
If, after the commencement of any tenancy, a lien be obtained or created by trust deed, mortgage, or otherwise, upon the interest or property in goods on premises leased or rented, of any person liable for the rent, the party having such lien may remove such goods from the premises on the following terms, and not otherwise, that is to say: On the terms of paying to the person entitled to the rent, so much as is in arrear, and securing to him so much as is to become due; what is so paid or secured not being more altogether than a year's rent in any case: Provided, That if the party removing such goods has perfected a purchase money security interest in the goods, as defined in section one hundred seven, article nine, chapter forty-six of this code and that such purchase money security interest is in effect under the terms set forth in section four hundred three, article nine, chapter forty-six of this code, then the goods are liable to distress only to the extent of the unencumbered interest of the lessee, assignee or undertenant. If the goods be taken under legal process, the officer executing it shall, out of the proceeds of the goods, make such payment of what is in arrear; and, as to what is to become due, he shall sell a sufficient portion of the goods on a credit till then, taking from the purchaser bond, with good security, payable to the person so entitled, and delivering such bond to him If the goods be not taken under legal process, such payment and security shall be made and given before their removal. Neither this nor any other section of this article shall affect any lien for taxes or levies.
West Virginia Code § 37-6-18 governs what happens when a third party holding a lien—such as a mortgage or trust deed—on a tenant's personal property wants to remove those goods from a rented premises. Before or during removal, that lienholder must pay any rent already overdue and secure payment of rent not yet due, with the total obligation capped at one year's rent. A special exception applies when the lienholder holds a perfected purchase money security interest in the goods, in which case only the tenant's unencumbered share of the goods is subject to the landlord's distress claim. Tax and levy liens are explicitly left unaffected by this provision.
Plain English — not legal advice.
Under § 37-6-18, landlords are entitled to receive overdue rent—and a guarantee of future rent up to one year's worth—before a lienholder may lawfully remove a tenant's goods from the property. Compliant landlords generally document rent arrears carefully so that any payment or security arrangement required by a removing lienholder can be calculated accurately. When goods are removed through a legal process rather than voluntarily, the executing officer handles the payment from sale proceeds, but landlords should be aware of their right to receive the bond issued for future rent obligations.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-18 affects tenants indirectly by regulating what a creditor or lienholder must do before taking goods out of a rented space—specifically, that creditor must settle or secure the landlord's rent claim first, up to one year's worth. Tenants who have financed goods through a purchase money security interest arrangement may find that only their unencumbered equity in those goods is exposed to the landlord's distress claim under this provision. Tenants who believe their goods have been improperly removed or that this provision has not been followed may wish to consult a tenant-rights organization or legal aid office familiar with West Virginia landlord-tenant law for general information about available remedies.
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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