West Virginia Landlord Selling the House
West Virginia rules on landlord selling the house for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: A sale does not cancel the lease: a tenant keeps the same rights under the lease's conditions, covenants and promises against the buyer that the tenant had against the original landlord, and the buyer gets the landlord's rights against the tenant. W. Va. Code §§ 37-6-1, 37-6-2, 37-6A-2(e)
The rules in West Virginia
| If the landlord sells the property | A sale does not cancel the lease: a tenant keeps the same rights under the lease's conditions, covenants and promises against the buyer that the tenant had against the original landlord, and the buyer gets the landlord's rights against the tenant. Whoever holds the landlord's interest when the tenancy ends must return any security deposit the original landlord received that is owed to the tenant, whether or not the deposit was actually transferred and regardless of any agreement between the seller and buyer. The statutes reviewed do not require a notice of sale to the tenant. Reviewed W. Va. Code Chapter 37, Article 6 (Landlord and Tenant), Chapter 37, Article 6A (security deposits) and Chapter 55, Article 3A (summary relief for wrongful occupation) on 2026-10-28; no provision requiring notice of a sale to the tenant was found. |
|---|---|
| Tenants in foreclosure | No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. Source: W. Va. Code §§ 37-6-1, 37-6-2 |
Related questions
West Virginia vs. neighboring states
| State | If the landlord sells the property | Tenants in foreclosure |
|---|---|---|
| West Virginia | A sale does not cancel the lease: a tenant keeps the same rights under the lease's conditions, covenants and promises against the buyer that the tenant had against the original landlord, and the buyer gets the landlord's rights against the tenant. Whoever holds the landlord's interest when the tenancy ends must return any security deposit the original landlord received that is owed to the tenant, whether or not the deposit was actually transferred and regardless of any agreement between the seller and buyer. The statutes reviewed do not require a notice of sale to the tenant. W. Va. Code §§ 37-6-1, 37-6-2, 37-6A-2(e) | No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. W. Va. Code §§ 37-6-1, 37-6-2 |
| Kentucky | When a landlord sells or transfers the property, the tenant does not have to 'attorn' (formally accept the new owner) for the transfer to be valid, and a tenant who pays rent to the old owner before getting notice of the sale is not penalized for it (KRS 383.100(2)). In areas that have adopted Kentucky's landlord-tenant act, the landlord must give the tenant in writing the name and address of the manager and of the owner or owner's agent for notices, must keep that information current, and the duty extends to any successor landlord or owner (KRS 383.585). Kentucky's security-deposit statute (KRS 383.580) does not say who must hold or return the deposit after a sale. KRS 383.100(2); KRS 383.585; KRS 383.580 | Not verified yet |
| Maryland | If the landlord sells or transfers the rental (including in receivership or bankruptcy), the landlord or the landlord's estate stays liable to the tenant and the buyer for any part of the security deposit (and required interest) that the landlord does not hand over to the new owner along with an accounting showing the amount and date of the deposit, interest-rate records, and the tenant's name and last known address. Any successor owner is liable to the tenant for failing to return the deposit with interest. If the tenant used a surety bond instead of a deposit, the new landlord must accept the bond and may not demand an additional deposit during the current lease term. Md. Code, Real Prop. §8-203(d)(3)-(4), (i)(11) | Maryland adopts PTFA-style protections. A foreclosure buyer takes the property subject to bona fide tenants' rights and must give a 90-day notice to vacate, sent by first-class AND certified mail, return receipt requested, stating its date, the effective date and the basis. A bona fide lease generally continues to its end, unless the buyer will live there as a primary residence (then 90 days). Longer state or local protections still apply. A landlord who has received a notice of intent to foreclose may end month-to-month tenancies with 30 days' notice (60 days for year-to-year). Md. Code, Real Prop. § 7-105.8(a)-(b); § 8-402(c)(4)(ii) |
| Ohio | Ohio has no state law in its landlord-tenant chapter that requires a selling landlord to transfer the security deposit to the buyer or to notify tenants of the sale. The chapter does provide that an assignment or conveyance of the landlord's interest in a rental agreement cannot allow anyone to collect rent free of the landlord's duties to keep the unit fit and habitable. Every written lease must give the owner's name and address (and the agent's, if any). Ohio Rev. Code ch. 5321 (reviewed); §§ 5321.13(E), 5321.18 | No statute — Ohio Rev. Code chs. 5321 and 1923 add no tenant protections in foreclosure or sale beyond the federal PTFA. Ohio Rev. Code chs. 1923, 5321 checked |
| Pennsylvania | Anyone who buys rental property takes on the same duties, and gets the same rights and remedies, as the seller had (Landlord and Tenant Act § 104). Pennsylvania has no state law in the Landlord and Tenant Act of 1951 that sets a specific procedure for the seller to transfer the security deposit to the buyer or to notify tenants of the sale. Landlord and Tenant Act of 1951 § 104; Act reviewed | No state statute found — the Landlord and Tenant Act of 1951 has no foreclosure or sale protections for tenants beyond the federal PTFA. Landlord and Tenant Act of 1951 checked |
| Virginia | When rental property is sold, the current owner must transfer all security deposits, plus any accrued interest, to the new owner at the time of transfer. If a managing agent holds the deposits, the owner must ask for them in writing before settlement, and the agent must transfer them and give each tenant written notice that the deposit went to the new owner. The landlord must also notify the tenant of the sale and give the buyer's name, address and phone number; these duties are enforceable against any successor landlord. Va. Code §§ 55.1-1213, 55.1-1216(B), (D) | Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. Va. Code Sec. 55.1-1237; 55.1-1216(B) |
More West Virginia rental law
- West Virginia Security Deposit Law
- West Virginia Eviction Laws
- West Virginia Notice to Vacate Rules
- Landlord Entry Rules in West Virginia
- West Virginia Repairs & Tenant Remedies
- West Virginia Rent Increase & Late Fee Laws
- Squatters' Rights in West Virginia
- West Virginia Rental Fee Rules
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Lockouts, Utility Shutoffs & Retaliation
- West Virginia Subletting, Lease Endings & Tenant Death
- All West Virginia landlord-tenant rules
- Free legal help in West Virginia
Compare landlord selling the house in all 50 states and DC →
West Virginia Landlord Selling the House FAQ
What happens to my lease if my landlord sells the house in West Virginia?
A sale does not cancel the lease: a tenant keeps the same rights under the lease's conditions, covenants and promises against the buyer that the tenant had against the original landlord, and the buyer gets the landlord's rights against the tenant. Whoever holds the landlord's interest when the tenancy ends must return any security deposit the original landlord received that is owed to the tenant, whether or not the deposit was actually transferred and regardless of any agreement between the seller and buyer. The statutes reviewed do not require a notice of sale to the tenant. (W. Va. Code §§ 37-6-1, 37-6-2, 37-6A-2(e))
What are tenants' rights in a foreclosure in West Virginia?
No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. (W. Va. Code §§ 37-6-1, 37-6-2)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.