Dealing with abandoned rental property is one of the less frequent but critical situations landlords face. In West Virginia, legal procedures are clearly defined, ensuring both tenant and landlord rights are respected. This guide will provide an overview of how landlords can handle abandoned property, manage tenant belongings, and mitigate financial losses.

Recognizing Property Abandonment in West Virginia

Abandonment of rental property is defined under West Virginia law when a tenant leaves the premises without giving notice and without fulfilling their lease obligations. While no single factor determines abandonment, the following signs are commonly used:

  • Unpaid Rent: If a tenant has failed to pay rent for an extended period and has not communicated with the landlord, this may suggest abandonment.
  • Tenant Absence for an Extended Period: Extended absence without any notice, particularly if the tenant has not paid rent or communicated their absence, is a strong indicator of abandonment.
  • Lack of Communication: If the tenant has not responded to phone calls, emails, or mail from the landlord, and the property is left unoccupied, it may be assumed that the tenant has abandoned the rental unit.

According to West Virginia Code § 37-6-6, abandonment occurs when the tenant’s conduct (such as prolonged absence with unpaid rent) or failure to act (like not returning keys) signifies that they have voluntarily given up the rental property.

Notice Requirements for West Virginia Landlords

When property abandonment is suspected, landlords must follow legal requirements for notifying the tenant, as outlined in West Virginia Code § 38-1-17. Landlords must post a notice on the premises that clearly communicates the tenant's obligation to pay any overdue rent or respond to the landlord about their possessions. Here's what landlords need to know:

Notice of Rent or Abandonment

  • Legal Obligation: Landlords are required to post a written notice on the rental premises when a tenant has abandoned the property or owes overdue rent. This notice serves as a formal notification to the tenant of their outstanding obligations and the landlord’s intent to reclaim the premises.
  • Overview of West Virginia Code §38-1-17: The law stipulates that a landlord must provide the tenant with at least one month’s notice to pay overdue rent before the landlord can take possession of the property.
  • Notice Delivery Methods and Timelines: The notice must be delivered in a conspicuous place on the rental premises and must also be mailed to the tenant’s last known address. If the tenant has left the premises, the landlord must use other methods of delivery as allowed by the law, including sending it via certified mail.

legal obligations and guides on sending a notice to the tenant 

Content of the Notice

  • The notice should include key information, such as:
    • The amount of unpaid rent.
    • The intent of the landlord to reclaim the property.
    • Tenant rights, including the opportunity to reclaim the property or pay the rent to avoid forfeiting rights to the premises.
    • A specified time for tenant action, typically 30 days as prescribed by law.

By complying with West Virginia Code § 38-1-17, landlords avoid liability for improperly terminating the tenancy or reclaiming the property.

Handling Abandoned Personal Property in West Virginia

When a tenant abandons personal property in the unit, West Virginia law provides a process for handling these items. West Virginia Code § 36-8-12 outlines the procedures for managing tenant belongings that have been left behind.

3 Steps to Manage Tenant Belongings

  1. Assessing the Property’s Value: If the personal property left behind is of substantial value, the landlord must take greater care in handling it. Items worth more than $500 may need to be stored and safeguarded.
  2. Providing Notice of Disposal: Before a landlord disposes of or sells abandoned property, they must send a written notice to the tenant detailing the property left behind and informing them of the timeline for reclaiming it.
  3. Safeguarding and Storing the Property: If the tenant has left property of value, the landlord must store it for a minimum of 30 days. During this period, the tenant can reclaim the items.

3 steps to manage tenant belongings left behind

Disposal or Reclamation

  • Timelines for Tenants to Claim Items: The tenant has 30 days from the date of the notice to claim their personal property. If they do not respond within this period, the landlord may proceed with disposing of or selling the items.
  • Procedures for Selling, Donating, or Discarding Unclaimed Items: After the notice period expires, the landlord may sell the items at a public auction, donate them, or discard them if they are of no value. If the landlord follows these procedures, they are protected from legal claims by the tenant.

Mitigating Financial Loss and Re-Renting the Property

Once a property is abandoned, landlords have the legal obligation to mitigate damages by attempting to re-rent the unit. West Virginia law requires landlords to make a reasonable effort to find new tenants at market rates. If a new tenant is found and rents the unit, the landlord must terminate the previous lease agreement on the date the new lease begins.

Landlords in West Virginia are required to make a reasonable effort to re-rent their properties

This is known as mitigation of damages and is crucial for ensuring that the landlord does not suffer unnecessary financial losses due to tenant abandonment. A failure to mitigate damages by re-renting the property may result in the landlord being unable to claim unpaid rent for the period after the tenant’s abandonment.

Bottom Line

Handling abandoned property in West Virginia involves understanding tenant abandonment signs, following legal notice procedures, and properly managing abandoned personal property. By adhering to West Virginia Code § 37-6-6 and other relevant statutes, landlords can reclaim their rental properties, mitigate financial loss, and ensure they remain compliant with the law.