W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-19
Right of reentry; ejectment; unlawful detainer; judgment by default.
Operative Text
Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing the declaration upon the chief door of any messuage, or at any other conspicuous place on the premises, which service shall be in lieu of a demand and reentry; or may commence an action of unlawful detainer, and obtain service either in person or by publication, as in other such actions, which service shall be in lieu of a demand and reentry; and upon proof to the court, by affidavit in case of judgment by default, or upon proof on the trial that the rent claimed was due, and there was not sufficient property subject to distress upon the premises to satisfy the claim for rent due, or that the covenant or condition was broken before the service of the declaration in ejectment, or the commencement of the action of unlawful detainer, and that the plaintiff had power thereupon to reenter, he shall recover judgment, and have execution for such lands. In case the time for reentering be specified in the instrument creating the rent, covenant or condition, the proceedings in ejectment or unlawful detainer shall not be begun until such time shall have elapsed.
West Virginia Code § 37-6-19 establishes the legal procedures a person with a right of reentry may use when rent is overdue or a lease covenant or condition has been broken. Instead of physically re-entering the property, the entitled party may serve a declaration in ejectment on the occupying tenant—or post it on the premises if vacant—or file an unlawful detainer action, either of which substitutes for a formal demand and physical reentry. To obtain a judgment, the claimant must prove the rent was owed and that insufficient property on the premises existed to satisfy the debt, or that a covenant or condition was breached before the legal action began. If the governing instrument specifies a waiting period before reentry is permitted, no ejectment or unlawful detainer proceeding may be initiated until that period has passed.
Plain English — not legal advice.
Under § 37-6-19, property owners or managers who hold a contractual right of reentry generally pursue recovery of possession through formal legal channels—either a declaration in ejectment or an unlawful detainer action—rather than through self-help physical reentry. Compliant operators ensure they can document that rent was in arrears and that no sufficient distrainable property was available on the premises, or that a specific lease covenant or condition was breached prior to initiating proceedings. When the lease or other governing instrument specifies a time period before reentry rights activate, operators wait until that period has elapsed before commencing any action under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-19 of the West Virginia Code governs how a landlord or other party with reentry rights must proceed to recover possession—through a court-based ejectment or unlawful detainer action, not through self-help removal. Tenants should be aware that the law requires the claimant to prove specific elements, such as that rent was actually due and unpaid or that a lease covenant was breached, before a court may enter judgment against the occupant. Tenants who receive a declaration in ejectment or are named in an unlawful detainer action under this provision may wish to review the procedural requirements of § 37-6-19, consult a tenant-rights organization, or seek independent legal counsel to understand whether those requirements have been properly met.
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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