W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-16
Distress or attachment when rent not payable in money.
Operative Text
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.
West Virginia Code § 37-6-16 addresses situations where rent is owed not in cash but in a share of crops or some other non-monetary form. When a landlord seizes or attaches a tenant's goods to collect such rent, the law provides a process for a court or justice to determine the monetary value of that non-cash rent obligation — either by the court's own judgment or through a jury verdict, without requiring formal pleadings. Once that value is established, the court may order the seized goods sold to satisfy the amount determined.
Plain English — not legal advice.
Under § 37-6-16, landlords collecting non-monetary rent — such as a crop share — who have distrained or attached a tenant's goods must provide the tenant at least ten days' written notice before asking a court or justice to fix the value of the rent owed. If the tenant is out of the county, posting the notice conspicuously on the premises satisfies this requirement. Compliant operators generally keep clear records of the non-monetary rent terms and the notice they provided, as these are central to the court's valuation process.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-16 gives tenants the right to have the value of non-monetary rent — such as a crop share — formally determined by a court or justice before any distrained or attached goods can be sold. Tenants also have the right to request that a jury, rather than the court alone, determine that value. Tenants who believe this process has not been properly followed — for example, that the required ten-day notice was not given — may wish to raise that issue before the court handling the distress or attachment, or consult a tenant-rights organization familiar with West Virginia landlord-tenant law.
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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