What landlords must do with personal property left behind after eviction or abandonment, under W. Va. Code § 37-6-6
When a West Virginia tenant moves out or is evicted and leaves belongings behind, you cannot simply haul them to the curb. W. Va. Code 37-6-6 sets out a specific notice-and-wait process that protects you from liability only if you follow it. Get the notice or the timeline wrong and you expose yourself to a conversion claim for the value of the property. West Virginia's rule is landlord-friendly compared with many states: once the waiting period runs, the belongings forfeit to you outright, and there is no public-sale or surplus-accounting step to manage. This page walks through exactly what the statute requires before you can clear the unit.
Follow these steps precisely to protect yourself from liability under W. Va. Code § 37-6-6:
West Virginia consolidates its abandoned-property rule into W. Va. Code 37-6-6, the same section that lets a landlord retake deserted premises. There is no separate uniform residential landlord-tenant act in West Virginia driving this, and there is no general federal statute on disposing of a residential tenant's belongings; abandonment is a matter of state and common law. The one federal overlay worth knowing is the Servicemembers Civil Relief Act, which restricts certain property and eviction actions against active-duty tenants and lines up with the extra time West Virginia gives military renters. Everything below flows from Section 37-6-6 itself.
Before you dispose of anything, you must give the tenant written notice using two methods, not one. The notice must be posted in a conspicuous place on the property and sent by first-class mail with a certificate of mailing. Keep the certificate of mailing receipt; it is your proof the clock started. Mail the notice to the leased premises, to any post office box you know the tenant uses, and to the tenant's most recent forwarding address. Skipping the posting, skipping the mailing, or using ordinary mail without the certificate of mailing all undercut the protection the statute gives you.
The tenant has not less than 30 days after the date the notice was mailed to remove the property. Count from the mailing date, not the posting date and not the move-out date. If the tenant is on active duty with the U.S. armed forces and has notified you of that status, the period is not less than 60 days from mailing. Because the statute says not less than, these are floors: you can give more time, but never less. Do not remove or dispose of anything until the applicable window has fully run.
West Virginia adds one protection for more valuable items. If the abandoned property is worth more than $300 and was not removed during the notice period, you must store it for up to 30 additional days if the tenant, or a person holding a security interest in the property, tells you they intend to remove it. That extended storage is conditioned on the tenant paying your reasonable costs of storage and removal. Property valued at $300 or less carries no separate storage duty. Document your storage costs so any charge you pass on is defensible.
This is where West Virginia diverges from many states. Once the notice period (and any $300 extended storage) runs without the tenant removing the property, the tenant forfeits ownership rights and the belongings become the property of the landlord or housing authority. Upon regaining possession you may take, dispose of, or otherwise remove the property without incurring liability to the tenant or anyone else. Notably, Section 37-6-6 imposes no public-sale requirement and no duty to account for or remit proceeds to the former tenant. You are free to keep, donate, sell, or discard the items. Contrast this with states that require a sale and return of any surplus above what the tenant owes; West Virginia has no such step. Unpaid rent is pursued separately, through distress for rent under W. Va. Code 37-6-12 or an ordinary money judgment, not by netting it against sale proceeds.
This overview reflects W. Va. Code 37-6-6 as it stands in 2026 and is written for West Virginia landlords and property managers. It is general information, not legal advice. Facts such as whether a tenant truly abandoned the unit, the value of specific items, and a tenant's military status can change the correct handling. Confirm the current statutory text and consult a West Virginia attorney before disposing of a tenant's property in a contested or high-value situation.
W. Va. Code 37-6-6. It sets the notice, waiting period, and forfeiture rules and shields a landlord from liability once the process is followed correctly.
Give written notice by two methods: post it in a conspicuous place on the property and send it by first-class mail with a certificate of mailing, addressed to the leased premises, any known post office box, and the tenant's most recent forwarding address.
At least 30 days from the date the notice was mailed. If the tenant is on active duty with the U.S. armed forces and has notified you, the period is at least 60 days from mailing.
If the property is worth more than $300 and was not removed during the notice period, you must store it for up to 30 additional days if the tenant or a secured party gives notice of intent to remove it and pays your reasonable storage and removal costs.
No. W. Va. Code 37-6-6 has no public-sale or surplus-accounting requirement. Once the waiting period ends, unremoved property forfeits to you and you may keep, sell, donate, or discard it without owing the tenant anything from it. Pursue unpaid rent separately.
West Virginia does not net property against rent through this statute. After the deadline the property simply becomes yours. To recover back rent, use distress for rent under W. Va. Code 37-6-12 or a money judgment, which are separate remedies.
Statutory citation: W. Va. Code § 37-6-6. Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 15, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.
