W. Va. Code §§ 37-9-1 to 37-9-4 § 37-9-3
Scope of article.
Operative Text
This article shall not apply to any case in which it is expressly provided that no apportionment shall take place.
West Virginia Code § 37-9-3 establishes a key boundary on the apportionment-of-rent rules found in Article 9: the entire article's provisions are set aside whenever a lease or other governing instrument explicitly states that rent apportionment will not occur. In other words, the default rules about dividing rent proportionally do not override a clear contractual agreement to the contrary. The article's protections and procedures apply only where no such express exclusion has been made.
Plain English — not legal advice.
Under § 37-9-3, landlords and property managers who wish to prevent the Article 9 apportionment rules from applying to their leases can do so by including an express, unambiguous clause stating that no apportionment of rent shall take place. Operators who include such language in their agreements should ensure the clause is clearly worded so that its intent is unmistakable. Conversely, operators whose leases are silent on the matter should be aware that Article 9's default apportionment framework will generally govern.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-9-3 means that tenants should review their lease carefully to determine whether it contains an express clause excluding rent apportionment, since the presence of such language removes the protections and procedures of Article 9 from that agreement. If a lease is silent on apportionment, tenants may be able to rely on Article 9's default rules in relevant circumstances. Tenants who are uncertain about how this provision affects their situation may wish to consult a tenant-rights organization or legal aid service familiar with West Virginia landlord-tenant law.
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 Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.