W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-26

Payment of rent and reinstatement after reentry.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaEviction & Just Cause

Operative Text

W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-26
Should the person entitled to such land at the time of reentry made, or having a claim thereto, not pay or tender the rent and all arrears thereof, with interest and all reasonable expenses incurred about such reentry, within one year from the first day of publication as aforesaid, he shall be forever barred from all right, in law or equity, to such lands. In case any party, having such right, shall pay or tender such rent and arrears with interest and expenses as aforesaid to the party making reentry, within the time aforementioned therefor, he shall be reinstated in his possession to hold as if the reentry had not been made.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 37-6-26 establishes a strict one-year deadline for a person who had rights to land at the time a landlord re-entered it. If that person pays or tenders all overdue rent, interest, and reasonable reentry expenses within one year from the first publication date, they may be reinstated to possession as though the reentry never occurred. If they fail to meet that deadline, they permanently lose all legal and equitable rights to the land.

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

Plain English — not legal advice.

For Property Managers

Under § 37-6-26, a landlord or property owner who has completed a lawful reentry should be prepared to receive a payment or tender of all back rent, accrued interest, and reasonable reentry expenses from the former occupant within the one-year window following first publication. Compliant operators typically keep clear records of all arrears, interest calculations, and documented reentry costs so that any tendered amount can be accurately evaluated. Once the one-year period expires without a valid tender, the former occupant's claim to the property is extinguished under this provision.

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

For Tenants

Section § 37-6-26 preserves a right of reinstatement for a person who held an interest in land at the time of reentry: if all owed rent, arrears, interest, and reasonable reentry expenses are paid or tendered within one year of the first publication date, that person may be restored to possession as if the reentry had not happened. Tenants or claimants who believe they have rights under this provision may wish to consult a tenant-rights organization or licensed West Virginia attorney to understand how the one-year deadline applies to their circumstances. Missing that window results in a permanent bar to any claim under this section, making timely awareness of the publication date critically important.

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

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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