W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-22
Injunction against ejectment or unlawful detainer.
Operative Text
If the tenant of such lands, or any person having a right or claim thereto, shall, within the time aforesaid, file his bill for relief in the circuit court of the county wherein the lands are situated, he shall not have or continue any injunction against the proceedings at law on the ejectment or unlawful detainer, unless he shall, within thirty days next after a full and perfect answer filed by the plaintiff in ejectment, or unlawful detainer, bring into court or deposit in some bank within the state, to the credit of the cause, such money as the plaintiff in ejectment or unlawful detainer shall, in his answer, swear to be due and in arrear over and above all just allowances, and also the costs taxed in the suit, there to remain till the hearing of the cause, or to be paid out to such plaintiff on good security, subject to the decree of the court.
West Virginia Code § 37-6-22 governs the conditions under which a tenant or claimant may use an injunction to pause an ejectment or unlawful detainer proceeding. Under this provision, a tenant who files a bill for relief in the appropriate circuit court cannot obtain or maintain such an injunction unless, within thirty days after the landlord files a complete answer, the tenant deposits into court or a state bank the full amount the landlord swears is past due — plus any taxed court costs. That deposited money stays held until the case is resolved or is paid out to the landlord upon sufficient security, as the court directs.
Plain English — not legal advice.
Under § 37-6-22, a landlord pursuing ejectment or unlawful detainer in West Virginia should be aware that a tenant may attempt to halt those proceedings by filing for equitable relief in circuit court. A compliant and well-prepared landlord typically files a full and complete answer that clearly states, under oath, the exact amount of rent due and in arrear, since that sworn figure sets the deposit threshold the tenant must meet to maintain any injunction. Operators generally keep accurate rent ledgers and document all costs taxed in the suit so that the sworn amount in the answer is precise and defensible.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-22 of the West Virginia Code gives a tenant — or anyone else with a right or claim to the property — a potential avenue to seek an injunction pausing an ejectment or unlawful detainer action by filing a bill for relief in the circuit court of the county where the property is located. To keep that injunction in place, the tenant must deposit the full amount the landlord swears is owed, plus court costs, within thirty days of the landlord's complete answer — either with the court or in a state bank to the credit of the cause. Tenants facing ejectment or unlawful detainer proceedings may wish to consult a tenant-rights organization or legal aid provider to understand how this deposit requirement and the broader procedural timeline under § 37-6-22 may apply to their circumstances.
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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