W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-31
Exclusions from application of this article.
Operative Text
(a) For purposes of this Article, “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code. (b) Occupancy by a squatter is not governed by the provisions of this article. (c) No Court of this state shall require the utilization of eviction, or a similar procedure such as those found under the provisions of this chapter, by an owner in any instance involving the removal of a squatter from possession of a property, and such removal shall not be unduly hindered.
West Virginia Code § 37-6-31 draws a clear line between tenants and squatters. A squatter is defined as someone occupying a dwelling without any rental agreement or authorization from a tenant — notably, a holdover tenant in a periodic tenancy is not considered a squatter under this provision. Because squatters fall outside the landlord-tenant article entirely, the standard eviction procedures that normally govern removal of occupants do not apply to them, and courts in West Virginia are directed not to require owners to use those procedures when removing a squatter.
Plain English — not legal advice.
Under § 37-6-31, property owners in West Virginia are not obligated to follow the formal eviction process outlined in Chapter 37 when dealing with a squatter — someone with no rental agreement or tenant authorization to be on the property. Compliant operators typically document the absence of any rental relationship before proceeding with removal, since the distinction between a squatter and a holdover periodic tenant (who does retain procedural protections) is legally significant. Consulting with a licensed West Virginia attorney familiar with property law can help clarify which procedures, if any, apply to a specific occupancy situation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-31 is important for anyone who believes they may be misclassified as a squatter. If a person occupies a unit under a rental agreement or with the tenant's authorization, they are not a squatter under this provision and retain the procedural protections of West Virginia's landlord-tenant article. Individuals who feel their occupancy rights are being disregarded may benefit from reaching out to a local tenant-rights organization or legal aid office to understand how the distinction between a squatter and a lawful occupant applies to their circumstances.
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
References In
Rules and statutes that cite this regulation