W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-13
Property subject to distress.
Operative Text
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.
West Virginia Code § 37-6-13 governs which property a landlord may seize through the legal remedy of distress (a formal process for recovering unpaid rent). Generally, a landlord may levy distress on a tenant's goods found on the leased premises or removed from them within the past thirty days. However, if those goods are subject to a pre-existing lien or a perfected purchase money security interest, only the tenant's unencumbered ownership interest in the goods—not the full value—is available to satisfy the distress. When a lien is created on goods while they remain on the leased premises, the goods may be subject to distress but only up to one year's worth of rent.
Plain English — not legal advice.
Under § 37-6-13, landlords who pursue distress as a remedy for unpaid rent must limit their levy to goods that the statute expressly authorizes—those found on the premises or removed within thirty days. Compliant operators take care to identify whether any goods are encumbered by a pre-existing lien or a perfected purchase money security interest, because only the tenant's unencumbered interest in such goods is reachable. Operators generally work with legal counsel familiar with West Virginia distress procedures to ensure that any levy does not exceed the one-year rent cap applicable when liens arise during the tenancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-13 provides tenants with meaningful protections when a landlord attempts to use distress to collect unpaid rent. If your personal property is covered by a purchase money security interest or another valid lien, only your equity in those goods—not the full item—can be reached through distress, and any distress tied to goods with liens created during the tenancy is capped at one year's rent. Tenants who believe a landlord has levied distress on property beyond what § 37-6-13 permits may wish to consult a tenant-rights organization or a licensed West Virginia attorney to understand available defenses and remedies.
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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