W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-28
Destruction of buildings; abatement of rent.
Operative Text
Where buildings or other structures upon leased premises, not owned by the tenant or removable by him are destroyed by fire or otherwise, in whole or in part, without fault or negligence on the part of the tenant, there shall be, unless the lease otherwise provides, a reasonable reduction of the rent for such time as may elapse until there be placed again upon the premises buildings, or other structures, of as much value to the tenant for his purposes as those destroyed, and unless the landlord shall rebuild or replace such structures as soon as he can reasonably do so, the tenant may, after the expiration of such reasonable time, surrender the possession of the premises and be relieved of all further liability for rent, after the time of such surrender.
West Virginia Code § 37-6-28 addresses what happens to a lease when buildings or structures on rented property are destroyed by fire or other causes through no fault of the tenant. Under this rule, the tenant's rent is reduced by a reasonable amount for the period during which the premises lack structures of equivalent value — unless the lease itself says otherwise. If the landlord does not rebuild or replace the destroyed structures within a reasonable time, the tenant has the option to surrender the premises and walk away from any further rent obligations.
Plain English — not legal advice.
Under West Virginia Code § 37-6-28, operators who own leased property with structures destroyed by fire or other causes are generally expected to rebuild or replace those structures as promptly as reasonably possible. During the period of destruction, a compliant landlord typically reduces the tenant's rent in proportion to the diminished value of the premises. Landlords who wish to modify these default obligations — such as allocating risk differently — commonly address destruction scenarios explicitly in the written lease agreement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
West Virginia Code § 37-6-28 provides tenants with two key protections when structures on leased premises are destroyed without the tenant's fault: a right to a reasonable rent reduction during the period the premises are diminished, and the ability to surrender the lease and end rent liability if the landlord fails to rebuild within a reasonable time. Tenants who believe a landlord is not honoring these obligations may consider documenting the destruction, the timeline, and any communications about repairs. General guidance on asserting these rights can often be obtained through a local tenant-rights organization or West Virginia legal aid office.
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
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation