W. Va. Code §§ 55-3C-1 to 55-3C-6 § 55-3C-3
Limited Alternative Remedy to Remove Squatter from Residential and Commercial Real Properties.
Operative Text
(a) A property owner or their authorized agent may request, from any law-enforcement officer having authority to act in the jurisdiction where the subject property is located, the immediate removal of any person squatting in a residential dwelling or commercial building if the following conditions are met:
(1) The requesting person is the property owner or authorized agent;
(2) The real property includes a residential dwelling or commercial building;
(3) An unauthorized person or persons are unlawfully occupying the property;
(4) The property was not open to the public at the time of entry;
(5) The property owner or their authorized agent has directed the unauthorized person(s) to leave;
(6) The unauthorized person is not current or former owners or current or former lawful tenants;
(7) The unauthorized person is not immediate family members of the property owner or tenants; and
(8) No pending litigation related to the subject property exists between the property owner and the unauthorized person(s).
(b) To request the immediate removal pursuant to this section, the property owner or authorized agent shall submit a completed and verified complaint to remove persons unlawfully occupying real property ("complaint") to a law-enforcement officer having authority to act in the jurisdiction of the subject property.
(c) Upon receipt of the complaint, the law-enforcement agency to which the complaint was submitted shall conduct preliminary fact-finding, which may include reviewing any alleged lease agreement, interviewing relevant individuals, and other relevant inquiries to ascertain the validity of the complaint. If the preliminary fact-finding indicates probable cause that the conditions outlined in subsection (a) of this section are met, then the law-enforcement agency shall serve a notice to immediately vacate upon the unlawful occupants and put the owner in possession of the real property.
(d) The law-enforcement agency is entitled to a fee for service of a notice pursuant to subsection (c) of this section. Upon serving the notice, the property owner or their authorized agent may request the law-enforcement agency to remove the unauthorized person if they do not vacate the property when ordered to do so or request that they remain at the property to ensure the safety of all parties during the removal of the person property of the unlawful occupants.
(e) This section does not limit any other property owner rights or the authority of law-enforcement.West Virginia Code § 55-3C-3, part of the Stop Squatters Act, establishes an expedited, non-court process by which a property owner or their authorized agent can request that law enforcement immediately remove an unauthorized occupant from a residential or commercial property. The process applies only when specific conditions are satisfied — including that the occupant is not a current or former tenant, not a family member, and that no related litigation is pending. Law enforcement conducts preliminary fact-finding and, if probable cause is found that all conditions are met, serves a vacate notice and restores possession to the owner. This remedy exists alongside, and does not replace, traditional legal remedies such as formal eviction proceedings.
Plain English — not legal advice.
Under § 55-3C-3, property owners or their authorized agents who discover unauthorized occupants may pursue this streamlined removal process by submitting a verified complaint to a local law-enforcement agency with jurisdiction over the property. A compliant operator generally confirms that all eight statutory conditions are satisfied before submitting the complaint — for example, verifying that the occupant has no prior tenancy relationship with the property and that no litigation is pending. Law enforcement will conduct preliminary fact-finding, which may include reviewing any alleged lease documents, so maintaining clear ownership records and documentation of the unauthorized entry can support the process. A fee for service of the vacate notice is authorized under this section, and owners may also request that officers remain on-site during the removal for safety purposes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 55-3C-3 of the West Virginia Stop Squatters Act contains important protections that limit when this expedited removal process can be used — it explicitly does not apply to current or former lawful tenants, former owners, or immediate family members of the property owner or tenants. If someone believes they qualify as a lawful tenant or otherwise fall outside the statute's conditions, that status is relevant to whether law enforcement can proceed under this section, since officers are required to conduct preliminary fact-finding before serving any vacate notice. Individuals who believe this process is being used improperly against them may wish to contact a local tenant-rights organization or legal aid office to understand their options, including whether the pending-litigation condition or another exclusion under § 55-3C-3 applies to their situation.
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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