134 sections in this chapter.
W. Va. Code § 37-6-10 Who may recover rent
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He to whom rent or compensation is due, whether he have the reversion or not, his personal representative or assignee, may recover it as provided in the preceding section, or may, in a proper case, resort to an attachment, whatever be the estate of the person owing it, or though …
W. Va. Code § 37-6-11 Persons liable for rent; termination of lease upon death
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(a) Rent may be recovered from the lessee, or other person owing it, or the heir, personal representative, devisee or assignee, who has succeeded to the lessee's estate in the premises. But no assignee shall be liable for rent which became due before his or her interest began. Su…
W. Va. Code § 37-6-12 Distress for rent; time and place; warrant
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Rent may be distrained for within one year after the time it becomes due, and not afterwards, whether the lease be ended or not. The distress shall be made by any sheriff or constable of the county wherein the premises yielding the rent or some part thereof may be or the goods li…
W. Va. Code § 37-6-13 Property subject to distress
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The distress may be levied on any goods of the lessee, or his assignee or undertenant, found on the premises, or which may have been removed therefrom not more than thirty days. If the goods of such lessee, assignee or undertenant, when carried on the premises, are subject to a l…
W. Va. Code § 37-6-14 Forcible entry by officer
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The officer having such distress warrant or an order of attachment, based upon rent, if there be need for it, may, in the daytime, break open and enter into any house or close in which there may be goods liable to the distress or order, and may, either in the day or nighttime, br…
W. Va. Code § 37-6-15 Unlawful act after making distress; damages
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Where distress shall be made for rent justly due, and any irregularity or unlawful act shall afterwards be done by the party distraining, or his agent, the distress itself shall not be deemed to be unlawful, nor the party making it be therefore deemed a trespasser ab initio; but …
W. Va. Code § 37-6-16 Distress or attachment when rent not payable in money
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Where goods are distrained or attached for rent reserved in a share of the crops, or in anything other than money, the claimant of the rent, having given the tenant ten days' notice, or if he be out of the county, having set up the notice in some conspicuous place on the premises…
W. Va. Code § 37-6-17 Attachment for rent
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On complaint by any landlord or person entitled to rent, or his agent, to a justice, that any person liable to him for rent intends to remove, or is removing, or has within thirty days removed his effects from the leased premises, if such landlord or person entitled to rent, or h…
W. Va. Code § 37-6-18 Removal of goods by third party having lien
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If, after the commencement of any tenancy, a lien be obtained or created by trust deed, mortgage, or otherwise, upon the interest or property in goods on premises leased or rented, of any person liable for the rent, the party having such lien may remove such goods from the premis…
W. Va. Code § 37-6-19 Right of reentry; ejectment; unlawful detainer; judgment by default
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Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, i…
W. Va. Code § 37-6A-2 Security deposits
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(a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as…
W. Va. Code § 37-6-2 Rights of lessee against transferee of reversion
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A lessee, his personal representatives, devisees or assigns, may have against an heir, devisee, grantee or alienee of the reversion, or of any part thereof, or of any estate therein, his heirs, devisees, or assigns, the like benefit of any condition, covenant, or promise in the l…
W. Va. Code § 37-6-20 Relief against forfeiture
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Should the defendant, or other person for him not pay the rent in arrear, with interests and costs, nor file a bill in equity for relief against such forfeiture, within twelve months after execution executed, he shall be barred of all rights, in law or equity, to be restored to s…
W. Va. Code § 37-6-21 Rights of mortgagee or trustee
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Any mortgagee or trustee of the tenant's interest in such lands, or any part thereof, whether he be in possession of the lands or not, may, within twelve months after execution executed, pay the rent and all arrears, with interest and costs, or file a bill in equity for relief ag…
W. Va. Code § 37-6-22 Injunction against ejectment or unlawful detainer
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If the tenant of such lands, or any person having a right or claim thereto, shall, within the time aforesaid, file his bill for relief in the circuit court of the county wherein the lands are situated, he shall not have or continue any injunction against the proceedings at law on…
W. Va. Code § 37-6-23 Effect of payment of rent or relief in equity
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If any party having a right or claim to such lands shall, at any time before the trial in such action of ejectment or of unlawful detainer, pay or tender to the party entitled to such rent, or to his attorney in the cause, or pay into court, all the rents and arrears, with intere…
W. Va. Code § 37-6-24 Record of reentry; publication of certificate
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Where actual reentry shall be made, the party, by or for whom the same shall be made, shall return a written act of reentry, sworn to by the sheriff or other officer acting therein, to the clerk of the county court of the county wherein the lands or tenements shall be, who shall …
W. Va. Code § 37-6-25 Fees of clerk
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The clerk shall be paid for recording, granting certificate, and noting publication, as aforesaid, $1.50.
W. Va. Code § 37-6-26 Payment of rent and reinstatement after reentry
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Should the person entitled to such land at the time of reentry made, or having a claim thereto, not pay or tender the rent and all arrears thereof, with interest and all reasonable expenses incurred about such reentry, within one year from the first day of publication as aforesai…
W. Va. Code § 37-6-27 Defects in entry proceedings
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No person who, or those under whom he claims, shall have been possessed of lands by virtue of a reentry, for the term of two years, shall be disturbed therein by suit or otherwise for any defect of proceedings in such reentry.
W. Va. Code § 37-6-28 Destruction of buildings; abatement of rent
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Where buildings or other structures upon leased premises, not owned by the tenant or removable by him are destroyed by fire or otherwise, in whole or in part, without fault or negligence on the part of the tenant, there shall be, unless the lease otherwise provides, a reasonable …
W. Va. Code § 37-6-29 Land taken by eminent domain; termination or reduction of rent
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Whenever the whole of any tract of land which is under lease is taken under the power of eminent domain, the liability of any tenant of such land to pay rent thereon shall terminate unless the lease expressly provide otherwise. If any part of a tract of land which is under lease,…
W. Va. Code § 37-6A-3 Maintenance of records by landlord
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The landlord shall: (1) Maintain and itemize records for each tenant of all deductions from security deposits provided under this article which the landlord has made by reason of a tenant's noncompliance with the rental agreement for one year after the termination of the tenancy;…
W. Va. Code § 37-6-3 Effect of transfer of rent, reversion or remainder
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When rents are inherited, conveyed or devised, all rights of distress and reentry, or either of them, shall pass to the heir, grantee or devisee without express words. An inheritance, grant, or devise of a rent, or of a reversion or remainder, shall be good and effectual without …
W. Va. Code § 37-6-30 Landlord to deliver premises; duty to maintain premises in fit and habitable condition
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With respect to residential property: (a) A landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and (2) Maintain the leased …
W. Va. Code § 37-6-31 Exclusions from application of this article
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(a) For purposes of this Article, “squatter” means a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit. “Squatter” does not include a tenant who holds over in a periodic tenancy as …
W. Va. Code § 37-6-4 Attornment to stranger void
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The attornment of a tenant to any stranger shall be void, unless it be with the consent of the landlord of such tenant, or pursuant to, or in consequence of, the judgment, order, or decree of a court.
W. Va. Code § 37-6A-4 Prohibited provision in rental agreements
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A rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under this article. A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited …
W. Va. Code § 37-6-5 Notice to terminate tenancy
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A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by lik…
W. Va. Code § 37-6A-5 Landlord's noncompliance
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(a) If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for: (1) The amount of any unreturned security deposit; and (2) Damages for annoyance or inconvenience result…
W. Va. Code § 37-6A-6 Application and effective date of this article
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(a) The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes. (b) The provisions of this article do not apply to agreements for the payment of security deposits entered into prior to the effective date of this article.
W. Va. Code § 37-6-6 Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice
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(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 tha…
W. Va. Code § 37-6-7 Reletting by landlord
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The landlord, or other person entitled to the rent may, however, at his election, incorporate, in the notice provided for in the preceding section, the further notice that he will, after he shall have taken possession of the demised premises, lease the premises to some other pers…
W. Va. Code § 37-6-8 Tenant's right to recover possession
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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 covenant…
W. Va. Code § 37-6-9 Recovery of rent by distress or action; evidence; interest
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Rent of every kind may be recovered by distress or action. A landlord may also, by action, recover a reasonable satisfaction for the use and occupation of lands, and, on the trial of such action, if any parol demise, or any agreement wherein a certain rent was reserved, shall app…
W. Va. Code § 37-7-1 Waste by tenant in possession
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If any tenant of land or any person who has alienated land commit any waste thereon while he remains in possession, unless by special permission of the owner so to do, he shall be liable to any party injured for damages.
W. Va. Code § 37-7-2 Waste by co-tenant
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If a tenant in common, joint tenant, or parcener commits waste, he or she is liable to his or her co-tenants, jointly or severally, for damages. The lawful use or development of oil or natural gas and their constituents in compliance with the provisions of §37B-1-1 et seq. of thi…
W. Va. Code § 37-7-3 Guardians
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If a guardian or committee commit waste of the estate of his ward, he shall be liable to the ward, at the expiration of his guardianship, for damages.
W. Va. Code § 37-7-4 Actions; damages
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Any person entitled to damages, in any case arising under the preceding sections of this article, may recover the same in an action on the case. And if it shall be found by the jury that the waste was committed wantonly, judgment shall be for three times the amount of damages ass…
W. Va. Code § 37-7-5 Waste pending suit
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If the tenant in possession of any land shall, pending any suit to recover or charge such land, with knowledge of such suit, commit any waste thereon, the court, in which the suit is, may command the sheriff or other officer to take possession of the land; and, if the plaintiff s…
W. Va. Code § 37-8-1 Lessee of tenant or owner of an uncertain interest
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If the landlord of land which is let to another be tenant for life or other uncertain interest or be an owner whose estate is subject to a limitation over upon a contingency, and if the estate of such landlord terminates during the tenancy of the lessee, the lessee may hold the l…
W. Va. Code § 37-8-2 Land employed in farming or planting
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If any person, having land employed in farming or planting, whether it be held for life or any other interest, shall die on or after the first of March, his personal representative may, in his discretion, continue such employment until the last day of December following, and all …
W. Va. Code § 37-8-3 At common law
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In all other cases the right to emblements shall be as at common law.
W. Va. Code § 37-9-1 Apportionment of rent on determination of estate
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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 repre…
W. Va. Code § 37-9-2 Remedies for recovery
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For recovering such proportion, such person, representative, or assignee, shall, after such fixed period, have such remedies as he would have had for recovering the whole of such rent, hire or other money, if entitled thereto.
W. Va. Code § 37-9-3 Scope of article
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This article shall not apply to any case in which it is expressly provided that no apportionment shall take place.
W. Va. Code § 37-9-4 Apportionment on purchase of rent or part of land
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Where the holder of a rent shall purchase part of the land out of which the same issues, the rent shall be apportioned in like manner as if the land had come to him by descent; and where the holder of land, being part of land out of which rent shall be issuing, shall purchase suc…
W. Va. Code § 37-10-1 Custody of records procured from Virginia
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That the records, books documents and papers, relating to land titles in this state, the assessments, delinquency sales and redemptions of lands, and which have been heretofore procured from the state of Virginia by the Governor of this state, under and by virtue of an act of the…
W. Va. Code § 37-10-2 Charge of such records by Auditor
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All such books, records, documents and papers relating to land titles in this state, which may hereafter be procured by this state from the state of Virginia, under and by virtue of said act of the general assembly of Virginia, and all copies in whole or in part of records, books…
W. Va. Code § 37-10-3 Copies from records as evidence; fees
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All copies in whole or in part of books, records, documents and papers, which have heretofore been or which shall hereafter be procured from the state of Virginia by the agent of the Governor of this state, under and by virtue of said act of the general assembly of Virginia, and …