W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-10

Who may recover rent.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaRent Collection

Operative Text

W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-10
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.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 37-6-10 establishes who has the legal standing to collect rent when ownership or tenancy interests change hands. The right to recover rent is not limited to the original landlord; it extends to personal representatives, heirs, devisees, and assignees, even after the original owner's estate or interest in the property has ended. This means that a transfer of property through death, inheritance, or voluntary assignment carries with it the right to collect rents that come due after that transfer.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 37-6-10, property owners and managers should understand that the right to collect rent survives changes in ownership, including death and assignment. When a fee owner dies, heirs or devisees step into the position of rent collector for amounts that fall due after the date of death; when a landlord sells or assigns the property or the rent stream, the new owner or assignee holds that same collection right. Operators who transfer rental properties or who administer estates involving rental income generally document the assignment or succession clearly so that the chain of entitlement to rent is unambiguous.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 37-6-10 means that tenants may lawfully owe rent to someone other than the person who originally signed the lease with them, such as an heir, devisee, or assignee of the original landlord. If a tenant receives a demand for rent from a new party following a property transfer or the death of a landlord, that demand may be legally valid under this provision. Tenants who are uncertain about who is entitled to receive their rent payments, or who face an attachment action related to unpaid rent, may benefit from consulting a tenant-rights organization or reviewing the statute 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.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

W. Va. Code § 37-6-5
W. Va. Code § 37-6-5

Related Rules

§ 229
Liability of tenant holding over after giving notice of intention to quit
§ 220
Action for use and occupation
§ 221
Rent due on life leases recoverable

Source Information

Snapshot SHA:
Fetched:Oct 26, 2026, 02:15 PM UTC