West Virginia Renters’ Rights During Foreclosure

If you’re renting a home in West Virginia and learn that your landlord’s property is in foreclosure, it’s natural to feel uncertain about your rights and options. Understanding what protections you have—and what steps you need to take—can help you plan ahead and protect your housing stability during a stressful time. In this article, we’ll walk through the key legal protections for West Virginia renters facing foreclosure and how to act if you receive a foreclosure or eviction notice.

What Happens When a Rental Property Is in Foreclosure?

When a landlord fails to keep up with mortgage payments, the lender can start foreclosure and may take ownership of the property. As a renter, it’s important to know:

• Your lease agreement does not automatically end when a foreclosure begins.
• The new owner (often the bank) must respect certain federal and state protections.
• You have the right to receive notice and, in most cases, a waiting period before being asked to move out.

Federal Protections: Protecting Tenants at Foreclosure Act (PTFA)

The Protecting Tenants at Foreclosure Act (PTFA) is a federal law in effect as of 2024. It requires buyers of foreclosed properties to provide most renters with at least 90 days’ written notice before they can be asked to move out. Additionally, if you have a valid lease, you may be allowed to remain until the end of your lease term. There are exceptions, but most month-to-month tenants qualify for 90 days’ notice. Read more about the PTFA.

State Law: West Virginia Tenant Rights

West Virginia follows federal law regarding foreclosures impacting renters. At the state level, your rights are addressed under the West Virginia Code Chapter 37, Article 6 – Landlord and Tenant.¹ Key highlights:

• Your rental agreement is still valid after foreclosure until you receive proper legal notice.
• The new owner becomes your landlord and must follow West Virginia’s eviction process to remove you.
• Eviction can only take place after you’ve received notice and have gone through the legal process in court, unless you move out voluntarily.

Official Forms and How to Use Them

• Notice to Vacate (no standard form; written letter): Used by the property owner (including a bank or purchaser after foreclosure) to formally notify renters they must move out.
  Example: If you receive a “90-day notice to vacate,” read it carefully for deadlines and keep a copy. The owner must serve notice in accordance with state and federal law.
• Summons and Complaint (West Virginia Magistrate Court Form SCA-M211): This form is used if the new owner files an eviction action in Magistrate Court.
  Access the official Magistrate Court landlord-tenant forms.
  Example: If you are served with a Summons and Complaint, it means an eviction case has been filed. Read it closely—these documents will tell you the court date and next steps.

For more information about court forms and landlord-tenant procedures, visit the West Virginia Judiciary's official forms page.

Tribunal Handling Tenant-Landlord Issues

In West Virginia, residential eviction cases are handled by the West Virginia Magistrate Court. Tenants can appear at hearings and present their case if facing eviction after foreclosure.

Your Rights and What to Do Next

• You cannot be evicted without written notice and a court order after foreclosure.
• You have the right to attend the eviction hearing and tell the magistrate judge about your situation.
• If you pay rent, you must pay the new owner/landlord after foreclosure.

Action Steps for Renters Facing Foreclosure

• Ask for a written notice if you are told to leave—verbal notifications are not enough.
• Confirm the identity of the new landlord or property owner.
• Only move out after receiving proper written notice and, if needed, a court order.
• Seek legal help if you have not received proper notice or feel your rights are being violated.

Knowing these steps can help protect you from sudden moves or unlawful eviction.

Frequently Asked Questions

1. What notice am I entitled to if my rental is being foreclosed in West Virginia?
   Most renters are entitled to a written 90-day notice before being asked to move, under federal law.
2. Can the new property owner make me leave right away?
   No. The new owner must provide the required notice and follow West Virginia’s lawful eviction process.
3. What should I do if I receive a Summons and Complaint?
   Attend your eviction hearing at Magistrate Court and bring all lease documents and notices as evidence.
4. Does my lease still apply after foreclosure?
   In most cases, your lease continues until expired unless the new owner will live in the property, in which case you are still entitled to 90 days’ notice.
5. Where do I go for legal help or more information?
   Contact West Virginia Legal Aid or the Magistrate Court for guidance and support.

Key Takeaways

• Your rental agreement is protected by federal and West Virginia law even if your landlord’s property is foreclosed.
• The owner must provide you with written notice and complete the legal eviction process before you are required to leave.
• Save all notices, attend court dates, and get official help if you’re uncertain about your rights.

Need Help? Resources for Renters

• Legal Aid of West Virginia – Free legal help for qualifying renters (1-866-255-4370)
• West Virginia Magistrate Court: Tenant-Landlord Information Page
• WV Department of Health & Human Resources – Housing Resources
• West Virginia Code Chapter 37 – Official Landlord-Tenant Law

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1. West Virginia Code Chapter 37, Article 6 – Landlord and Tenant
2. Protecting Tenants at Foreclosure Act (PTFA)
3. West Virginia Magistrate Court – Eviction Process Overview

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