W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-23
Effect of payment of rent or relief in equity.
Operative Text
If any party having a right or claim to such lands shall, at any time before the trial in such action of ejectment or of unlawful detainer, pay or tender to the party entitled to such rent, or to his attorney in the cause, or pay into court, all the rents and arrears, with interest and costs, all further proceedings in the action shall cease. If the person claiming the land shall, upon bill filed as aforesaid, be relieved in equity, he shall hold the land as before the proceedings began, without a new lease or conveyance.
West Virginia Code § 37-6-23 establishes a 'pay to stay' mechanism in eviction and ejectment proceedings: if a party with a claim to the land pays or tenders all overdue rent, interest, and court costs before trial, the legal action must stop. Additionally, if that party obtains equitable relief through a court filing, they are restored to their prior tenancy or land rights without needing a new lease or deed. The provision effectively gives a party facing removal a window to cure the default and preserve their interest in the property.
Plain English — not legal advice.
Under § 37-6-23, a landlord or claimant pursuing ejectment or unlawful detainer should be aware that the action can be halted at any point before trial if the opposing party tenders all outstanding rent, interest, and costs. Compliant operators typically keep accurate, up-to-date records of all rent owed, interest accrued, and costs incurred so that any tender can be verified as complete. Operators should also understand that a successful equitable-relief filing by the other party can restore the prior occupancy arrangement without requiring a new lease.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-23 of the West Virginia Code gives a tenant or land claimant the right to stop an ejectment or unlawful detainer action before trial by paying or tendering all back rent, interest, and costs to the landlord, their attorney, or into the court. If full payment is made or equitable relief is granted, the occupant's rights are restored to what they were before the proceedings began, and no new lease is required. Tenants who believe they qualify for this protection may wish to consult a tenant-rights organization or legal aid provider familiar with West Virginia landlord-tenant law to understand the available paths.
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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