Squatters' Rights in West Virginia
West Virginia rules on squatters & abandoned property for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; W. Va. Code §§ 55-3C-1 to 55-3C-5
The rules in West Virginia
| Squatters / unauthorized occupants | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. Text read from official code PDFs (code.wvlegislature.gov/pdf/55-3C-1/ through 55-3C-5/). Enacted as 2025 HB 2434 (enrolled committee substitute). Squatting is trespass under §61-3B-2 or 61-3B-3. |
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| Belongings left behind | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. Source: W. Va. Code § 37-6-6 |
Related questions
West Virginia vs. neighboring states
| State | Squatters / unauthorized occupants | Belongings left behind |
|---|---|---|
| West Virginia | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. W. Va. Code §§ 55-3C-1 to 55-3C-5 | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. W. Va. Code § 37-6-6 |
| Kentucky | Police removal by petition (since June 27, 2025). An owner or authorized agent may ask a law enforcement officer to immediately remove people unlawfully occupying real property if: the occupant is not and never was a tenant and never had a written or oral agreement with the owner to occupy; the property was not open to the public when they entered; the owner told them to leave; they are not the owner's immediate family; and no litigation about the property is pending between them. The owner presents a sworn 'Petition to Remove Persons Unlawfully Occupying Real Property' (statutory form, initialed statements, with government ID or proof of agency). After verifying the petitioner's identity, the officer must without unnecessary delay serve a notice to immediately vacate (hand delivery or posting) and put the owner in possession; the officer may arrest for trespass or other cause. Sheriff/constable fee: $20. The officer may stay to keep the peace while the owner changes locks and moves the occupants' belongings to or near the property line. A wrongfully removed person may sue within 60 days for restored possession, costs, and attorney's fees. The procedure cannot be used against current or former tenants. KRS 383.290 (2025 Ky. Acts ch. 63, eff. 6-27-25) | No statute — no Kentucky statute sets a notice/storage/sale procedure for a residential tenant's belongings left after move-out or eviction. KRS 383.670 (URLTA, only where locally adopted) covers re-renting an abandoned unit but not personal property; the forcible detainer sections (KRS 383.200-.285) are silent on belongings. KRS 383.670; KRS Chapter 383 (section list checked) |
| Maryland | Wrongful detainer action in District Court against anyone who holds real property without a right to possession, where no landlord-tenant (Title 8) remedy applies. The court must summon the occupant at once, and the hearing must be held no more than 10 business days after the complaint is filed. If the occupant cannot be found after two good-faith attempts on different days, the process server files an affidavit, sends the complaint by certified and first-class mail, and posts the summons on the property. Service must be completed within 4 business days of filing. No counterclaims are allowed. If the owner wins, the court orders restitution and issues a warrant to the sheriff or constable. Damages, costs and attorney fees are available if claimed and the occupant was personally served. Either side may appeal within 10 days. Md. Code, Real Prop. § 14-132 | No statewide storage-and-sale procedure. At eviction, the warrant of restitution directs the sheriff or constable to remove the tenant's belongings. At least 6 days before the scheduled eviction, the landlord must send written notice by first-class mail with certificate of mailing, post it on the front door (with a date-stamped photo), and text or email it if the landlord has that contact information. The notice must include a statutory warning that the tenant could lose all belongings left inside and that local disposal laws vary. A lease may not let the landlord take the tenant's property unless the tenancy has ended and the property was abandoned. Disposal is governed by local law. Md. Code, Real Prop. §§ 8-401(f)(1)(i), 8-407(b), 8-208(d)(6) |
| Ohio | Ohio has no special squatter-removal procedure. The owner files a forcible entry and detainer (eviction) action in court against an occupier who holds the property without color of title. That requires the 3-day notice to leave under § 1923.04. Separately, entering or staying on another's land without privilege is criminal trespass under § 2911.21, a fourth-degree misdemeanor for most violations, which police may enforce. Ohio Rev. Code § 1923.02(A)(5); § 1923.04; § 2911.21 | No statute for ordinary residential tenancies. Ohio Rev. Code chapters 5321 and 1923 set no notice, storage, or sale procedure for a tenant's belongings left in an apartment or house. Detailed rules exist only for manufactured homes, mobile homes, RVs, and personal property in manufactured home parks. Ohio Rev. Code ch. 5321; §§ 1923.12-1923.14 (manufactured home parks only) |
| Pennsylvania | Since 2024, the Landlord and Tenant Act (including its notice-to-quit and eviction procedure) does not apply to a person who is not, and never has been, a tenant. A 'tenant' is defined as someone occupying another's premises with the owner's express or implied consent (e.g., oral or written lease or acceptance of rent by the owner/agent). So an owner is not required to use the landlord-tenant eviction process against an occupant who was never a tenant; the Act itself does not set out an alternative police-removal or affidavit procedure. 68 P.S. 250.102 ('Tenant'), 250.501(g), 250.603 (Act of July 17, 2024, P.L.944, No.88) | Property may be deemed abandoned if the tenant vacated after a written lease ended; an eviction/possession order was entered and the tenant vacated and removed substantially all property; an eviction order was executed; the tenant gave a forwarding address and vacated; or the tenant vacated without intent to return, rent is 15+ days late, and the landlord posted notice of the tenant's rights. Before removing or disposing, the landlord must send written notice by first-class mail to the premises and any forwarding/emergency address, substantially in the statutory form. The tenant has 10 days from the postmark to retrieve the property or ask that it be stored up to 30 days from the notice date (tenant pays storage; landlord must use ordinary care). If the landlord knows of a protection-from-abuse order, it must hold the property 30 days. Never dispose of property in inhabited premises. Violations: treble damages and attorney fees. Deceased tenants' property goes through probate law instead. 68 P.S. 250.505a (Landlord and Tenant Act s. 505.1) |
| Virginia | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. Va. Code § 8.01-126(B) | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Va. Code § 55.1-1254; § 55.1-1256 |
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
- West Virginia Rental Fee Rules
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Landlord Selling the House
- 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
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Squatters' Rights in West Virginia FAQ
How do you remove a squatter in West Virginia?
Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. (W. Va. Code §§ 55-3C-1 to 55-3C-5)
What can a landlord do with a tenant's abandoned property in West Virginia?
If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. (W. Va. Code § 37-6-6)
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.