W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-24

Record of reentry; publication of certificate.

In Force
Verified 10/26/2026 · Next check 10/27/2026
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Operative Text

W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-24
Where actual reentry shall be made, the party, by or for whom the same shall be made, shall return a written act of reentry, sworn to by the sheriff or other officer acting therein, to the clerk of the county court of the county wherein the lands or tenements shall be, who shall record the same in the deed book, and shall deliver, to the party making the reentry, a certificate setting forth the substance of such written act, and that the same had been left in his office to be recorded, which certificate shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be such county. Such publication shall be proved by affidavit to the satisfaction of such clerk, who shall note the fact on the margin of the deed book against the record of the act of reentry in the words, "Publication made and proved according to law, A ........... B .........., Clerk," and shall return the original act of reentry to the party entitled thereto. Such written act of reentry, when recorded, and the record thereof, or a duly certified copy from such record, shall be evidence in all cases of the facts therein set forth.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 37-6-24 establishes a formal documentation and public-notice process that must follow any actual physical reentry onto leased property. When reentry occurs, a sworn written account of that act must be filed with the county court clerk, recorded in the deed book, and summarized in a certificate that is then published as a Class II legal advertisement in the county where the property is located. Once recorded, the written act of reentry — or a certified copy of it — serves as legal evidence of the facts it describes in any subsequent proceedings.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 37-6-24, a property owner or manager who has carried out a lawful physical reentry is generally expected to ensure that a sworn written account of the reentry is promptly delivered to the county court clerk for recording in the deed book. Compliant operators also arrange for the clerk's certificate to be published as a Class II legal advertisement in the appropriate county and obtain proof of that publication by affidavit, which the clerk then notes in the margin of the deed book. Retaining the original act of reentry after it is returned by the clerk is part of maintaining a complete record of the transaction.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section § 37-6-24 creates a public paper trail whenever a landlord physically reenters leased property, because the sworn act of reentry must be recorded in the county deed book and published as a Class II legal advertisement. Tenants can check the deed book at the county court clerk's office to verify whether a reentry was properly documented and whether the required publication steps were followed. If a reentry appears to have occurred without compliance with these recording and publication requirements, tenant-rights organizations or legal aid offices can help evaluate what options may be available under West Virginia 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.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

W. Va. Code § 37-6-5
W. Va. Code § 37-6-5

Related Rules

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Jurisdiction of courts to restrain violation of Secs. 23 to 26; applicability of other laws to requests to change locks
§ 18
Entry into land; legal proceedings required to recover possession of land or tenements; jurisdiction
§ 5-3-12-1
LOCKOUTS PROHIBITED

Source Information

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