W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-3
Effect of transfer of rent, reversion or remainder.
Operative Text
When rents are inherited, conveyed or devised, all rights of distress and reentry, or either of them, shall pass to the heir, grantee or devisee without express words. An inheritance, grant, or devise of a rent, or of a reversion or remainder, shall be good and effectual without attornment of the tenant; but no tenant, who, before the death of the ancestor or testator, or before notice of the grant, shall have paid the rent to the ancestor, testator, or grantor, shall suffer any damage thereby.
West Virginia Code § 37-6-3 governs what happens to a landlord's rights when ownership of a rental property—or the right to collect rent—is transferred through inheritance, sale, or bequest. Under this provision, the new owner automatically inherits the legal tools associated with the tenancy, such as the right to collect rent and the right to re-enter the property for violations, without needing any special language in the transfer documents. Importantly, a tenant who paid rent to the previous owner before learning of the transfer is legally protected from any penalty or liability for having done so.
Plain English — not legal advice.
Under § 37-6-3, property owners and their heirs or successors should understand that rights tied to a tenancy—including the ability to enforce lease terms and collect rent—transfer automatically when a property changes hands through inheritance, sale, or devise. A compliant operator in this context typically provides timely written notice to tenants after a transfer of ownership, so that tenants know where and to whom future rent payments should be directed. Establishing clear notice practices helps avoid disputes over payments made to a prior owner before the tenant had knowledge of the change.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 37-6-3 of the West Virginia Code provides an important protection for tenants when a rental property changes ownership: if you paid rent to the previous landlord, heir, or grantor before receiving notice of the transfer, you cannot be penalized or held liable for that payment. This means a new owner generally cannot demand that you repay rent you already paid in good faith before learning of the change. Tenants who have questions about a property transfer or believe this protection is being disregarded may wish to consult a tenant-rights organization or legal aid service 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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