W. Va. Code §§ 55-3-1 to 55-3-6 § 55-3-2
Assessment of damages.
Operative Text
If the plaintiff file with the summons a statement of the profits and other damages which he means to demand, and the jury find in his favor, they shall at the same time assess the damages for mesne profits of the premises in suit for any period not exceeding three years previous to the commencement of the action until verdict, including any special damages properly chargeable to the defendant that the plaintiff shall have suffered from detention of the premises, and also the damages for any destruction or waste of the buildings or other property during the same time for which the defendant is chargeable.
West Virginia Code § 55-3-2 governs how damages are calculated when a plaintiff wins an unlawful entry or detainer case. If the plaintiff files a statement of claimed profits and damages alongside the summons, the jury is authorized to assess mesne profits—essentially the value of the plaintiff's use of the property that was wrongfully withheld—covering up to three years before the lawsuit was filed through the date of the verdict. The jury may also award compensation for any special damages caused by the defendant's detention of the premises and for destruction or waste of buildings or other property during that same period.
Plain English — not legal advice.
Under § 55-3-2, property owners pursuing an unlawful entry or detainer action in West Virginia who want to recover mesne profits and related damages must file a detailed statement of those claimed profits and damages together with the summons—not after the fact. Compliant operators typically document lost rental income, any special financial losses tied to the unlawful detention, and evidence of property damage or waste throughout the period in question. Keeping thorough records of the property's condition, rental value, and any deterioration during the occupancy period supports a complete damages claim before the jury.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3-2 defines the scope of financial exposure a tenant may face if a jury finds against them in a West Virginia unlawful detainer action. The provision allows a jury to award the property owner up to three years of mesne profits, special damages from the detention, and compensation for any waste or destruction of the property—but only if the plaintiff properly filed a damages statement with the summons. Tenants who believe the claimed damages are overstated or that the required procedural steps were not followed may raise those issues as part of the defense; consulting a tenant-rights organization or legal aid service familiar with West Virginia landlord-tenant law can help clarify available options.
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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