Residential Rental Lease Agreement
ARTICLE 6. LANDLORD AND TENANT.
§37-6-1. Rights of parties on transfer of land or reversion.
An heir, devisee, grantee or assignee of any land let to lease, or
of the reversion thereof, and his heirs, personal representative or assigns,
shall enjoy against the lessee, his personal representative, devisees or
assigns, the like advantage by action or entry upon any condition or forfeiture,
or by action upon any covenant or promise in the lease, which the grantor,
assignor, or lessor might have enjoyed.
§37-6-2. Rights of lessee against transferee of reversion.
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 lease, as
he could have had against the lessors themselves; except the benefit of
any warranty, in deed or law.
§37-6-3. Effect of transfer of rent, reversion or remainder.
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 attornment of the tenant; but no tenant, who, before
the death of the ancestor or testator, or before notice of the grant, shall
have paid the rent to the ancestor, testator, or grantor, shall suffer
any damage thereby.
§37-6-4. Attornment to stranger void.
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.
§37-6-5. Notice to terminate tenancy.
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 like notice,
or by notice for one full period before the end of any period. When such
notice is to the tenant, it may be served upon him, or upon anyone holding
under him the leased premises, or any part thereof. When it is by the tenant,
it may be served upon anyone who at the time owns the premises in whole
or in part, or the agent of such owner, or according to the common law.
This section shall not apply where, by special agreement, some other period
of notice is fixed, or no notice is to be given; nor shall notice be necessary
from or to a tenant whose term is to end at a certain time.
§37-6-6. Desertion of leased property; entry; recovery of rent, disposition
of abandoned personal property; notice.
(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 that time,
the landlord shall be entitled to possession of the property, and may enter
thereon, and the right of the tenant to the leased property shall end.
The landlord may recover the rent owed up to the time when he or she became
entitled to possession.
(b) If any tenant of a housing development operated by a housing authority
abandons the leased property when rent is not a condition of the lease
agreement, the housing authority shall post a notice in writing in a conspicuous
part of the property, requiring the tenant to respond in writing within
one month stating that he or she has not abandoned the leased property.
If the tenant does not respond in writing within one month, stating that
he or she has not abandoned the leased property, the housing authority
shall be entitled to possession of the property, and may enter thereon,
and the right of the tenant to the leased property shall end.
(c) Upon regaining possession of the property, the landlord or his or
her agent or housing authority may take, dispose of or otherwise remove
the tenant's personal property without incurring any liability to the tenant
or any other person. To dispose of the tenant's property under this section,
the landlord or housing authority shall give a written notice to the tenant
that shall be:
(2) Sent by first-class mail with a certificate of mailing, which provides
a receipt of the date of mailing, in an envelope endorsed "Please Forward",
addressed and mailed to the tenant at:
(d) The written notice required under subsection (c) of this section
shall state that:
(2) Any personal property left by the tenant must be removed from the
property or from the place of safekeeping, if the landlord or housing authority
has stored the property, by a date specified in the written notice that
is:
(3) If the personal property is not removed within the time provided for
in this section, then the tenant forfeits his or her ownership rights to
the personal property, and the personal property becomes the property of
the landlord or housing authority.
(e) Notwithstanding the provisions of subsection (c) of this section, if
the abandoned personal property is worth more than three hundred dollars
and was not removed from the property or from the place of safekeeping
within the time period stated in the notice required in subsection (d)
of this section, the landlord shall store the personal property for up
to thirty additional days if the tenant or any person holding a security
interest in the abandoned personal property informs the landlord of their
intent to remove the property: Provided, that the tenant or person holding
a security interest in the abandoned personal property pays the landlord
the reasonable costs of storage and removal.
§37-6-7. Reletting by landlord.
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 person, in which
case the tenant will still remain liable upon his lease, for the unexpired
portion of his term, for the difference between the amount of rent received
by the landlord from the new tenant, and the amount payable under the lease
of the original tenant, and upon any other covenants or agreements contained
in the original lease.
§37-6-8. Tenant's right to recover possession.
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.
§37-6-9. Recovery of rent by distress or action; evidence; interest.
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 appear in evidence,
the plaintiff shall not for that reason be nonsuited, but may use the same
as evidence of the amount of his debt or damages. In any action for rent,
or for such use and occupation, interest shall be allowed as on other contracts.
§37-6-10. Who may recover rent.
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 his estate or
interest in the land be ended. And when the owner of real estate in fee,
or holder of a term, yielding him rent, dies, the rent thereafter due shall
be recoverable by such owner's heir or devisee, or such term-holder's personal
representative or devisee. And if the owner or holder alien or assign his
estate or term, or the rent thereafter to fall due thereon, his alienee
or assignee may recover such rent.
§37-6-11. Persons liable for rent.
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 interest began. Nothing herein shall
change or impair the liability of heirs, personal representatives, or devisees,
for rent, to the extent and in the manner in which they are liable for
other debts of the ancestor or testator; nor shall the mere merger of the
reversion to which a rent is incident affect the liability for such rent.
§37-6-12. Distress for rent; time and place; warrant.
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 liable to distress
may be found, under a warrant from a justice founded upon the affidavit
of the person claiming the rent, or his agent, that the amount of money
or other thing to be distrained for (to be specified in the affidavit),
as he verily believes, is justly due to the claimant for rent reserved
upon contract from the person of whom it is claimed.
§37-6-13. Property subject to distress.
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 lien which is valid against
his creditors, his interest only in such goods shall be liable to such
distress. If any lien be created thereon while they are upon the leased
premises, they shall be liable to distress, but for not more than one year's
rent, whether it shall have accrued before or after the creation of the
lien: Provided, that if the goods are subject to a perfected purchase money
security interest, as defined in section one hundred seven, article nine,
chapter forty-six of this code, and that such purchase money security interest
is in effect under the terms set forth in section four hundred three, article
nine of chapter forty-six of this code, then the goods are liable to distress
only to the extent of the unencumbered interest of the lessee, assignee
or undertenant. No goods shall be liable to distress other than such as
are declared to be so liable in this section.
§37-6-14. Forcible entry by officer.
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, break open
and enter into any house or close wherein there may be any goods so liable,
which have been fraudulently or clandestinely removed from the demised
premises.
§37-6-15. Unlawful act after making distress; damages.
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 the aggrieved
by such irregularity or unlawful act may, by action, recover full satisfaction
for the special damage he shall have sustained thereby.
§37-6-16. Distress or attachment when rent not payable in money.
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, may
apply to the court or justice to which the distress or attachment is returnable,
to fix the value of such rent. Upon such application the court or justice having ascertained
the value, either by its own judgment, or, if either party require it,
by the verdict of a jury impaneled without the formality of pleading, shall
order the goods distrained or attached, to be sold to pay the amount so
ascertained.
§37-6-17. Attachment for rent.
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 his agent,
make oath to the truth of such complaint to the best of his belief, and
to the rent which is reserved (whether in money or other thing) and will
be payable within one year, and the time or times when it will be payable,
and also make oath either that there is not, or he believes, unless an
attachment issues, there will not be, left on such premises, property liable
to distress sufficient to satisfy the rent so to become payable, such justice
shall, if the landlord or person entitled to rent, or his agent, shall
execute before such justice a bond in the penalty and with the conditions
prescribed in section eight, article seven, chapter thirty-eight of this
code, issue an order of attachment for such rent against the personal estate
of the person so liable therefor. If the amount of rent claimed by the
landlord or person entitled to the rent, or his agent, exclusive of interest,
is fifty dollars or less than that amount, the order of attachment shall
be returnable before the justice issuing the order, or another justice;
if the amount of rent so claimed, exclusive of interest, is more than fifty
dollars and not more than three hundred dollars, the order of attachment
may be returnable before the justice issuing the order, or another justice,
or to the next term of the circuit court thereafter; and if the amount
of rent so claimed, exclusive of interest, exceeds three hundred dollars,
the order of attachment shall be returnable to the next term of the circuit
court thereafter. If the order of attachment is returnable to the circuit
court, it shall be in form or effect as follows:
"District of ...................., .................... County, to-wit:
A................ B.............., Plaintiff)
Order
vs. )
of
C................ D.............., Defendant)
Attachment.
The above-named plaintiff having filed
with me the affidavit and bond required by law, the
sheriff of the County of ...................., or any constable therein
to whom this order may come, is
hereby required, in the name of the State of West Virginia, to attach
and take into his possession
the personal estate of the defendant, C................ D................,
sufficient to pay the sum of ............... dollars (the sum affiant
states will be due), and the costs of
this attachment, and to make return of his proceedings under this order
to the next term of the
circuit court of the said county.
Given under my hand this ........ day of ......., 19.....
E.......... F.........., Justice."
The defendant, in an attachment issued
under the next preceding paragraph, may make
defense thereto in the same manner and to the same extent as in other
cases of attachment; and
the same, as to the rent claimed, shall be proceeded in, tried and
determined, as if it were an
original action brought in said circuit court, and the affidavit and
attachment shall take the place of
a declaration in the case. The affidavit in such case shall be returned
to the clerk of the circuit
court by the justice. The provisions of sections seven to forty-six,
both inclusive, except sections
thirty-seven, thirty-eight, and thirty- nine, article seven, chapter
thirty-eight of this code, shall be
applicable to attachments issued hereunder and returnable to the circuit
court.
If the order of attachment is returnable
before a justice, it shall be in form or effect as follows:
"District of ....., ....., County, to-wit:
"A..... B......, Plaintiff, ) Order
vs. ) of
C..... D....., Defendant. ) Attachment
The above-named plaintiff having filed
with me the affidavit and bond required by law, any
constable in the County of ............, to whom this order may come,
is hereby required, in the
name of the State of West Virginia, to attach and take into his possession
the personal estate of
the defendant, C.......... D.........., sufficient to pay the sum of
.......... dollars (the sum affiant
states will be due), and the costs of this attachment, and to make
return of his proceedings under
this order to me (or, if the order is made returnable before another
justice, to G.......... H..........),
a justice of the peace in .......... County.
Given under my hand this ..... day of
......, 19....
E.......... F.........., Justice."
The provisions of sections seven to
twenty-four, both inclusive, article nine, chapter fifty of
this code shall be applicable to attachments issued hereunder and returnable
before a justice.
§37-6-18. Removal of goods by third party having lien.
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 premises on the
following terms, and not otherwise, that is to say: On the terms of paying
to the person entitled to the rent, so much as is in arrear, and securing
to him so much as is to become due; what is so paid or secured not being
more altogether than a year's rent in any case: Provided, that if the party
removing such goods has perfected a purchase money security interest in
the goods, as defined in section one hundred seven, article nine, chapter
forty-six of this code and that such purchase money security interest is
in effect under the terms set forth in section four hundred three, article
nine, chapter forty-six of this code, then the goods are liable to distress
only to the extent of the unencumbered interest of the lessee, assignee
or undertenant. If the goods be taken under legal process, the officer
executing it shall, out of the proceeds of the goods, make such payment
of what is in arrear; and, as to what is to become due, he shall sell a
sufficient portion of the goods on a credit till then, taking from the
purchaser bond, with good security, payable to the person so entitled,
and delivering such bond to him. If the goods be not taken under legal
process, such payment and security shall be made and given before their
removal. Neither this nor any other section of this article shall affect
any lien for taxes or levies.
§37-6-19. Right of reentry; ejectment; unlawful detainer; judgment
by default.
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, if the possession
be vacant, by affixing the declaration upon the chief door of any messuage,
or at any other conspicuous place on the premises, which service shall
be in lieu of a demand and reentry; or may commence an action of unlawful
detainer, and obtain service either in person or by publication, as in
other such actions, which service shall be in lieu of a demand and reentry;
and upon proof to the court, by affidavit in case of judgment by default,
or upon proof on the trial that the rent claimed was due, and there was
not sufficient property subject to distress upon the premises to satisfy
the claim for rent due, or that the covenant or condition was broken before
the service of the declaration in ejectment, or the commencement of the
action of unlawful detainer, and that the plaintiff had power thereupon
to reenter, he shall recover judgment, and have execution for such lands.
In case the time for reentering be specified in the instrument creating
the rent, covenant or condition, the proceedings in ejectment or unlawful
detainer shall not be begun until such time shall have elapsed.
§37-6-20. Relief against forfeiture.
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 such
lands or tenements.
§37-6-21. Rights of mortgagee or trustee.
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 against such
forfeiture; and thereupon may be relieved against it, on the same terms
and conditions as the tenant of such lands or tenements would be entitled
to.
§37-6-22. Injunction against ejectment or unlawful detainer.
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 the
ejectment or unlawful detainer, unless he shall, within thirty days next
after a full and perfect answer filed by the plaintiff in ejectment, or
unlawful detainer, bring into court or deposit in some bank within the
state, to the credit of the cause, such money as the plaintiff in ejectment
or unlawful detainer shall, in his answer, swear to be due and in arrear
over and above all just allowances, and also the costs taxed in the suit,
there to remain till the hearing of the cause, or to be paid out to such
plaintiff on good security, subject to the decree of the court.
§37-6-23. Effect of payment of rent or relief in equity.
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 interest and
costs, all further proceedings in the action shall cease. If the person
claiming the land shall, upon bill filed as aforesaid, be relieved in equity,
he shall hold the land as before the proceedings began, without a new lease
or conveyance.
§37-6-24. Record of reentry; publication of certificate.
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 record the same
in the deed book, and shall deliver, to the party making the reentry, a
certificate setting forth the substance of such written act, and that the
same had been left in his office to be recorded, which certificate shall
be published as a Class II legal advertisement in compliance with the provisions
of article three, chapter fifty- nine of this code, and the publication
area for such publication shall be such county. Such publication shall be
proved by affidavit to the satisfaction of such clerk, who shall note the
fact on the margin of the deed book against the record of the act of reentry
in the words, "Publication made and proved according to law, A ...........
B .........., Clerk," and shall return the original act of reentry to the
party entitled thereto. Such written act of reentry, when recorded, and
the record thereof, or a duly certified copy from such record, shall be
evidence in all cases of the facts therein set forth.
§37-6-25. Fees of clerk.
The clerk shall be paid for recording, granting certificate, and noting
publication, as aforesaid, one dollar and fifty cents.
§37-6-26. Payment of rent and reinstatement after reentry.
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 aforesaid, he shall be
forever barred from all right, in law or equity, to such lands. In case
any party, having such right, shall pay or tender such rent and arrears
with interest and expenses as aforesaid to the party making reentry, within
the time aforementioned therefor, he shall be reinstated in his possession
to hold as if the reentry had not been made.
§37-6-27. Defects in entry proceedings.
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.
§37-6-28. Destruction of buildings; abatement of rent.
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 reduction
of the rent for such time as may elapse until there be placed again upon
the premises buildings, or other structures, of as much value to the tenant
for his purposes as those destroyed, and unless the landlord shall rebuild
or replace such structures as soon as he can reasonably do so, the tenant
may, after the expiration of such reasonable time, surrender the possession
of the premises and be relieved of all further liability for rent, after
the time of such surrender.
§37-6-29. Land taken by eminent domain; termination or reduction of
rent.
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, or any
easement or other interest in such land, is taken under the power of eminent
domain, the rent of any tenant of the land shall, unless the lease expressly
provide otherwise, be reduced in the proportion which the value of the
land or interest taken bears, at the time of such taking, to the total
value of the land upon which rent was payable, under the lease. The foregoing
provisions shall not affect nor impair any right which a tenant of land
may have to compensation from the person exercising the right of eminent
domain, for the value of his lease, or other property upon the leased premises
belonging to him, or in which he may have an interest, if such value shall
exceed the amount of the rent from the payment of which he is relieved
by virtue of the provisions of this section.
§37-6-30. Landlord to deliver premises; duty to maintain premises
in fit and habitable condition.
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 property in
a condition that meets requirements of applicable health, safety, fire
and housing codes, unless the failure to meet those requirements is the
fault of the tenant, a member of his family or other person on the premises
with his consent; and
(3) In multiple housing units, keep clean,
safe and in repair all common areas of the premises remaining under his
control that are maintained for the use and benefit of his tenants; and
(4) Make all repairs necessary to keep the
premises in a fit and habitable condition, unless said repairs were necessitated
primarily by a lack of reasonable care by the tenant, a member of his family
or other person on the premises with his consent; and
(5) Maintain in good and safe working order
and condition all electrical, plumbing, sanitary, heating, ventilating,
air-conditioning and other facilities and appliances, including elevators,
supplied or required to be supplied by him by written or oral agreement
or by law; and
(6) In multiple housing units, provide and
maintain appropriate conveniences for the removal of ashes, garbage, rubbish
and other waste incidental to the occupancy of the dwelling unit; and
(7) With respect to dwelling units supplied
by direct public utility connections, supply running water and reasonable
amounts of hot water at all times, and reasonable heat between the first
day of October and the last day of April, except where the dwelling unit
is so constructed that running water, heat or hot water is generated by
an installation within the exclusive control of the tenant.
(b) If a landlord's duty under the rental agreement
exceeds a duty imposed by this section, that portion of the rental agreement
imposing a greater duty shall control.
(c) None of the provisions of this section
shall be deemed to require the landlord to make repairs when the tenant
is in arrears in payment of rent.
(d) For the purposes of this section, the
term "multiple housing unit" shall mean a dwelling which contains a room
or group of rooms located within a building or structure forming more than
one habitable unit for occupants for living, sleeping, eating and cooking.
