W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-9
Recovery of rent by distress or action; evidence; interest.
Operative Text
Rent of every kind may be recovered by distress or action. A landlord may also, by action, recover a reasonable satisfaction for the use and occupation of lands, and, on the trial of such action, if any parol demise, or any agreement wherein a certain rent was reserved, shall appear in evidence, the plaintiff shall not for that reason be nonsuited, but may use the same as evidence of the amount of his debt or damages. In any action for rent, or for such use and occupation, interest shall be allowed as on other contracts.
West Virginia Code § 37-6-9 establishes that landlords have two legal avenues to collect unpaid rent: a formal distress proceeding or a civil lawsuit. Even when no written lease exists, a landlord may sue for the reasonable value of a tenant's use and occupancy of the property, and any oral lease or agreement showing a specific rent amount can be introduced as evidence of what is owed rather than causing the case to be dismissed. Interest on unpaid rent or use-and-occupancy amounts accrues in the same manner as interest on other contractual debts under West Virginia law.
Plain English — not legal advice.
Under § 37-6-9, property owners in West Virginia who are owed unpaid rent generally have the option to pursue either a distress remedy or a civil action to recover those amounts. Operators who rely on oral rental agreements should be aware that such agreements are admissible as evidence of the rent owed and will not automatically defeat a recovery claim. Compliant landlords typically document all rental arrangements—written or verbal—and track any agreed-upon rent amounts, since that documentation can support a claim for interest on overdue balances just as it would on any other contract.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-9 of the West Virginia Code gives landlords legal tools to pursue unpaid rent, including through court action, which means tenants facing a distress proceeding or lawsuit should understand the nature of the claim being brought against them. Because oral agreements and informal arrangements can be introduced as evidence of the rent amount owed, tenants who dispute the amount claimed may want to gather any communications, receipts, or records that reflect what was actually agreed upon. Tenants who believe a claim under this provision is improper or overstated may benefit from consulting a tenant-rights organization or legal aid office 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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