W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-12
Distress for rent; time and place; warrant.
Operative Text
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.
West Virginia Code § 37-6-12 establishes the rules governing 'distress for rent,' an older legal remedy that allows a landlord to seize a tenant's goods as security for unpaid rent. Under this provision, the remedy must be exercised within one year of the rent becoming due, regardless of whether the lease is still active. The process requires a warrant issued by a justice of the peace, based on a sworn affidavit from the person claiming the rent, and must be carried out by a sheriff or constable in the county where the rental property or the tenant's goods are located.
Plain English — not legal advice.
Property owners and managers in West Virginia should be aware that § 37-6-12 imposes a strict one-year window from the date rent becomes due to pursue a distress action — waiting beyond that period forfeits the remedy entirely. A compliant operator pursuing this remedy generally ensures that a proper affidavit is prepared specifying the exact amount claimed as due, and that the process is initiated through the appropriate justice and carried out by a licensed county law-enforcement officer. Because distress for rent is a formal legal process involving sworn statements and court-issued warrants, operators typically work with legal counsel familiar with West Virginia landlord-tenant procedure before initiating any such action.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 37-6-12, a tenant whose goods are subject to a distress action has the right to know that this remedy is only lawfully available within one year of the rent allegedly becoming due, and that it requires a warrant supported by a sworn affidavit — not a unilateral act by a landlord. If a tenant believes a distress action has been carried out improperly — for example, outside the one-year window or without the required warrant — that procedural defect may be relevant to any legal proceeding. Tenants facing or threatened with a distress action may benefit from contacting a tenant-rights organization or legal aid provider familiar with West Virginia law to understand available options.
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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