W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-8
Tenant's right to recover possession.
Operative Text
If the landlord shall have elected to continue to hold the tenant liable upon his lease, as provided in the preceding section, the tenant shall be entitled, upon the payment of all arrears of rent, and the satisfaction of any liabilities which shall have accrued upon the covenants or agreements contained in his lease, and any other liabilities with which he is chargeable by virtue of his lease, to the possession of the premises, except to the extent that some other person is already in possession of the premises, or is entitled to such possession, by virtue of a lease made by the landlord to such other person pursuant to the notice given under the preceding section, before the tenant shall have notified the landlord in writing of his intention to resume possession of the premises, and shall have satisfied, or tendered an amount sufficient to satisfy, his liabilities under his lease as aforesaid. No tenant whose lease has been lawfully forfeited, under the second preceding section, shall be entitled to any right, either at law or in equity, to be relieved of such forfeiture, or to reenter the premises, except as provided in this section.
West Virginia Code § 37-6-8 establishes the conditions under which a tenant may reclaim possession of a leased property after a landlord has chosen to hold the tenant liable on the lease rather than treating it as terminated. To regain possession, the tenant must pay all overdue rent and satisfy any other obligations that arose under the lease. However, this right is cut off if the landlord has already leased the premises to a new tenant before the original tenant provided written notice of intent to return and made good on the outstanding liabilities. Once a lease has been lawfully forfeited under the related provisions, this section represents the tenant's only avenue — legal or equitable — to seek re-entry.
Plain English — not legal advice.
Under § 37-6-8, a landlord who has elected to hold a tenant liable on the lease rather than declaring a full termination should be aware that the tenant retains a conditional right to reclaim the premises. Operators who re-let the property to a new tenant before receiving the original tenant's written notice of intent to resume possession generally extinguish that original tenant's right to return. Maintaining clear, dated records of any new lease agreements and any written communications from the original tenant is a practice consistent with compliance under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-8 of the West Virginia Code gives a tenant a path back to the leased premises if the landlord chose to keep the lease in force rather than fully terminating it — provided the tenant pays all back rent and satisfies other lease obligations and gives the landlord written notice of intent to resume possession before the landlord re-lets to someone else. If the landlord has already placed a new tenant in the unit under a lease executed before that written notice was received, the right to reclaim possession under this section may no longer be available. Tenants navigating this situation may benefit from consulting a tenant-rights organization or legal aid office familiar with West Virginia landlord-tenant law to understand which options this section may or may not preserve.
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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