W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-2

Rights of lessee against transferee of reversion.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaLease Requirements

Operative Text

W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-2
A lessee, his personal representatives, devisees or assigns, may have against an heir, devisee, grantee or alienee of the reversion, or of any part thereof, or of any estate therein, his heirs, devisees, or assigns, the like benefit of any condition, covenant, or promise in the lease, as he could have had against the lessors themselves; except the benefit of any warranty, in deed or law.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 37-6-2 establishes that when a landlord transfers ownership of a rental property — whether through sale, inheritance, or other conveyance — the tenant's rights under the original lease do not disappear. The tenant and their successors retain the ability to enforce the same conditions, covenants, and promises contained in the lease against the new owner, just as they could have enforced them against the original landlord. The one exception carved out by this provision is that the benefit of any warranty, whether express or implied by law, does not carry over in the same way.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 37-6-2, anyone who acquires a rental property — whether as a buyer, heir, or devisee — steps into the prior owner's shoes with respect to existing lease obligations. Compliant operators who purchase or inherit rental properties generally review all active leases before closing, since the covenants and conditions in those leases remain enforceable by tenants against the new owner. Keeping thorough records of all lease agreements and any amendments is a standard practice that helps new owners understand the obligations they are assuming.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 37-6-2 of the West Virginia Code protects tenants when a rental property changes hands, ensuring that the promises and conditions in an existing lease remain enforceable against the new owner. If a new landlord fails to honor a covenant or condition that was part of the original lease, a tenant or their successors generally have the same legal recourse they would have had against the original lessor. Tenants who believe their lease rights are being disregarded after a property transfer may find it helpful to consult a tenant-rights organization or legal aid service familiar with West Virginia landlord-tenant law.

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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

W. Va. Code § 37-6-5
W. Va. Code § 37-6-5

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Oct 26, 2026, 02:15 PM UTC