W. Va. Code §§ 37-9-1 to 37-9-4 § 37-9-1
Apportionment of rent on determination of estate.
Operative Text
On the determination by death or otherwise, of the estate or other thing, from or in respect of which any rent, hire or money, coming due at fixed periods, issues or is derived, or on the death of any person interested in such rent, hire or money, the person or the personal representative or assignee of the person who would have been entitled, but for such death or determination, to the rent, hire, or money coming due at any such period, shall have a proportion thereof, according to the time which shall have elapsed of the time for which such rent, hire, or other money was growing due, including the day of such death or determination, deducting a proportional part of the charges.
West Virginia Code § 37-9-1 establishes that when a property interest ends — whether through death or some other event — rent, hire, or periodic payments do not simply vanish for the period already elapsed. Instead, the person who was entitled to receive those payments (or their personal representative or assignee) is owed a proportional share of the payment that was accruing, calculated from the start of the payment period up to and including the day the estate ended or the person died, with a proportional share of any associated charges deducted. This rule prevents a windfall or a loss simply because a terminating event happens to fall between scheduled payment dates.
Plain English — not legal advice.
Operators subject to West Virginia Code § 37-9-1 should be aware that when a landlord's ownership interest or other qualifying estate terminates — whether by death, sale, or another event — the right to collect a pro-rated portion of any rent already accruing passes to the appropriate successor, personal representative, or assignee. Compliant property managers generally maintain clear records of payment periods and accrual dates so that any proportional calculation can be made accurately and promptly. Keeping documentation of the exact date of any estate-ending event is a standard practice that supports accurate apportionment under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under West Virginia Code § 37-9-1, tenants should understand that this provision primarily governs how rent payments are divided among parties on the landlord's side when an ownership interest ends — it does not eliminate a tenant's obligation to pay rent that has been accruing. If a landlord dies or a property changes hands mid-payment period, the tenant may find that a different party (such as an estate representative or assignee) is entitled to collect the proportional rent for that period. Tenants who have questions about who is legally entitled to receive their rent payments in such circumstances may benefit from consulting a tenant-rights organization or reviewing the provision directly.
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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