W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-15
Unlawful act after making distress; damages.
Operative Text
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.
West Virginia Code § 37-6-15 addresses situations where a landlord lawfully begins a distress action to collect rent that is genuinely owed, but then commits some procedural irregularity or unlawful act in carrying it out. Under this rule, the initial distress is not automatically invalidated by the subsequent misconduct, nor is the landlord automatically treated as a trespasser from the beginning. However, a person harmed by the irregular or unlawful conduct retains the right to bring a legal action and recover compensation specifically tied to the actual damages they suffered as a result of that misconduct.
Plain English — not legal advice.
Property owners and managers operating under West Virginia Code § 37-6-15 should understand that even when a distress action is initiated for legitimately owed rent, any procedural misstep or unlawful act taken afterward can expose them to a damages claim. Compliant operators generally ensure that every step of the distress process — not just the initiation — follows applicable legal requirements, since the protection afforded by this section does not shield against liability for the harm caused by subsequent irregularities. Keeping detailed records of each action taken during a distress proceeding is a practice commonly associated with demonstrating procedural compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under West Virginia Code § 37-6-15, tenants who experience an irregularity or unlawful act during a distress proceeding — even one that was lawfully started — have a recognized right to seek full compensation for the specific harm that misconduct caused. This provision means a tenant is not left without recourse simply because the original distress was for rent that was genuinely owed. Tenants who believe they have suffered damages from such conduct may consider consulting a tenant-rights organization or legal aid service to understand the range of options available, including bringing a civil action for special damages.
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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