W. Va. Code §§ 55-3C-1 to 55-3C-6 § 55-3C-2
Squatters defined: squatters not tenants; squatting constitutes criminal trespass; petition and eviction not appropriate remedies for squatters; remedy is arrest for trespass.
Operative Text
(a) “Squatter” means a person unlawfully occupying a dwelling unit or other structure who is not entitled under a rental or lease agreement or who is not authorized by the tenant or owner to occupy that dwelling unit or structure. “Squatter” does not include a tenant who holds over in a periodic tenancy as described in §37-6-5 of this code, or an owner. (b) “Squatting” means the act of being a squatter. Squatting is synonymous with trespass, and is a criminal act under §61-3B-2 or §61-3B-3 of this Code. (c) Squatters are not considered tenants for purposes of this code and are not entitled to eviction proceedings afforded to lawful tenants. A Court of this state shall not require the use of eviction, or a similar procedure such as those found under §55-3A-1, et seq. or §55-3B-1, et seq. of this Code, by an owner in any instance involving the removal of a squatter from possession of a property.
West Virginia Code § 55-3C-2 establishes that a person occupying a dwelling without a lease, rental agreement, or authorization from the owner or tenant is legally classified as a squatter — not a tenant. Under this provision, squatting is treated as synonymous with criminal trespass, subject to prosecution under the state's trespass statutes. Critically, squatters are explicitly excluded from the eviction process that applies to lawful tenants, meaning courts in West Virginia are not permitted to require property owners to use eviction proceedings to remove a squatter.
Plain English — not legal advice.
Under § 55-3C-2, property owners in West Virginia who discover an unauthorized occupant who lacks any lease, rental agreement, or owner-granted permission are generally not required to pursue formal eviction proceedings to remove that person. Because squatting is classified as criminal trespass under this provision, the typical path for compliant operators involves contacting law enforcement rather than initiating landlord-tenant court procedures. Operators generally document the absence of any rental relationship and work with local law enforcement, since the statute frames arrest for trespass — not eviction — as the appropriate remedy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
West Virginia Code § 55-3C-2 is important for lawful tenants to understand because it draws a clear legal line between a tenant and a squatter. A person who holds a valid lease or rental agreement, or who is authorized by an owner or tenant to occupy a unit, is not a squatter under this provision and retains the full procedural protections afforded to tenants, including eviction proceedings. If there is any question about whether someone's occupancy status is being mischaracterized under § 55-3C-2, tenant-rights organizations or legal aid services can help clarify what documentation and rights apply.
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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