W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-6
Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.
Operative Text
(a) If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month. If the rent is not paid within that time, the landlord shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end. The landlord may recover the rent owed up to the time when he or she became entitled to possession. (b) If any tenant of a housing development operated by a housing authority abandons the leased property when rent is not a condition of the lease agreement, the housing authority shall post a notice in writing in a conspicuous part of the property, requiring the tenant to respond in writing within one month stating that he or she has not abandoned the leased property. If the tenant does not respond in writing within one month, stating that he or she has not abandoned the leased property, the housing authority shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end. (c) Upon regaining possession of the property, the landlord or his or her agent or housing authority may take, dispose of or otherwise remove the tenant's personal property without incurring any liability to the tenant or any other person. To dispose of the tenant's property under this section, the landlord or housing authority shall give a written notice to the tenant that shall be: (1) Posted in a conspicuous place on the property; and (2) Sent by first-class mail with a certificate of mailing, which provides a receipt of the date of mailing, in an envelope endorsed "Please Forward", addressed and mailed to the tenant at: (A) The leased property; (B) Any post office box held by the tenant and known to the landlord or housing authority; and (C) The most recent forwarding address if provided by the tenant or known to the landlord or housing authority. (d) The written notice required under subsection (c) of this section shall state that: (1) The leased property is considered abandoned; (2) Any personal property left by the tenant must be removed from the property or from the place of safekeeping, if the landlord or housing authority has stored the property, by a date specified in the written notice that is: (A) Not less than thirty days after the date the written notice was mailed; or (B) Not less than sixty days after the date the written notice was mailed if the tenant has notified the landlord or housing authority that he or she is on active duty in the Armed Forces of the United States. (3) If the personal property is not removed within the time provided for in this section, then the tenant forfeits his or her ownership rights to the personal property, and the personal property becomes the property of the landlord or housing authority. (e) Notwithstanding the provisions of subsection (c) of this section, if the abandoned personal property is worth more than $300 and was not removed from the property or from the place of safekeeping within the time period stated in the notice required in subsection (d) of this section, the landlord shall store the personal property for up to thirty additional days if the tenant or any person holding a security interest in the abandoned personal property informs the landlord of their intent to remove the property: Provided, That the tenant or person holding a security interest in the abandoned personal property pays the landlord the reasonable costs of storage and removal.
West Virginia Code § 37-6-6 establishes a process for landlords and housing authorities to reclaim leased property when a tenant abandons it. A written notice must be posted on the property, giving the tenant one month to pay overdue rent or confirm they have not left. If the tenant does not respond within that window, the landlord or housing authority may retake possession and recover any rent owed up to that point. Personal property left behind may be disposed of after additional written notice and a waiting period of at least 30 days (or 60 days for active-duty military).
Plain English — not legal advice.
Under § 37-6-6, operators who suspect abandonment must follow a specific notice sequence before reclaiming a unit or disposing of belongings. A compliant landlord posts a conspicuous written notice, sends copies by first-class mail with a certificate of mailing to all known addresses, and waits the required 30-day (or 60-day military) period before treating personal property as forfeited. When abandoned property is valued above $300, landlords generally store it for up to 30 additional days if the tenant or a lienholder signals intent to retrieve it and covers reasonable storage costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-6 gives tenants a one-month window after a landlord's notice to pay overdue rent or confirm in writing that they have not abandoned the unit, preserving their right to remain. Tenants on active military duty receive a 60-day notice period before personal property can be disposed of, rather than the standard 30 days. Tenants who believe a landlord has not followed the required notice steps may raise that procedural failure as a defense in court or seek guidance from a local tenant-rights organization.
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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