W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-7
Reletting by landlord.
Operative Text
The landlord, or other person entitled to the rent may, however, at his election, incorporate, in the notice provided for in the preceding section, the further notice that he will, after he shall have taken possession of the demised premises, lease the premises to some other person, in which case the tenant will still remain liable upon his lease, for the unexpired portion of his term, for the difference between the amount of rent received by the landlord from the new tenant, and the amount payable under the lease of the original tenant, and upon any other covenants or agreements contained in the original lease.
West Virginia Code § 37-6-7 establishes a 'reletting' option in landlord-tenant law: when a tenant vacates before a lease ends, the landlord may choose to re-rent the property to a new tenant while still holding the original tenant financially responsible. If the landlord exercises this option and the new tenant pays less rent than the original lease required, the departing tenant remains on the hook for that shortfall. The original tenant's other lease obligations also survive under this arrangement.
Plain English — not legal advice.
Under § 37-6-7, a landlord who wishes to relet the premises after a tenant's early departure generally includes a specific notice of that intent in the same written notice described in the preceding section. Compliant operators document the new lease terms carefully, since the original tenant's continuing liability is limited to the difference between what the new tenant actually pays and what the original lease required. Maintaining clear records of both leases and any rental income received helps support any subsequent claim for the shortfall.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-7 means that vacating a rental unit before the lease term ends does not automatically end your financial obligations — if the landlord elects to relet and provides the required notice, you may still owe the difference between your original rent and whatever the new tenant pays. Tenants in this situation may want to review whether the landlord's notice strictly followed the requirements of the preceding section, since the reletting option is only triggered when proper notice is given. Tenant-rights organizations in West Virginia can help you understand the scope of any continuing liability and the general paths available for raising concerns about how the reletting process was handled.
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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