West Virginia Rules for Abandoned Belongings: What Renters Need to Know

If you’re moving out of a rental in West Virginia, understanding what happens to any property you accidentally leave behind is essential. West Virginia law outlines clear steps landlords must follow if a renter’s belongings are abandoned at the end of a lease or after an eviction. This article explains those rules in plain language so you can protect your property and your rights.

What Counts as “Abandoned Property” in West Virginia?

According to West Virginia Code § 37-6-6, property is usually considered abandoned if the renter:

• Leaves behind belongings after the lease expires,
• Moves out after an eviction or by agreement, and
• Shows no clear intent to come back for the items.

Not all items are automatically abandoned. Communication with your landlord can help clarify your intent to return and collect your belongings.

Landlord Duties: Notice and Storage

West Virginia law requires landlords to handle left-behind property with reasonable care. Before taking any action, your landlord must:

• Provide written notice to you (the renter) about the abandoned items, describing them and the process for reclaiming them,
• Store the items in a safe location for at least 30 days, unless you remove them sooner.

You must be given a chance to retrieve your property. If your former landlord has your current address, they should mail or deliver the written notice. If not, they may post the notice on the rental property or use your last known contact information.

How to Reclaim Your Belongings

If you left items behind when moving out, you have the right to reclaim them during the storage period. Simply contact your former landlord and arrange a time to collect your belongings within 30 days of receiving notice.

What Happens if Belongings Aren’t Claimed?

If the 30-day period passes without you collecting your items, West Virginia law allows landlords to dispose of, sell, or otherwise remove the property. The landlord may:

• Donate or discard low-value items,
• Sell valuable property (such as furniture or electronics) at a public or private sale,
• Use proceeds from the sale to cover storage or unpaid rent costs, then send any remaining money to you (if your address is known).

This process and the required waiting period are set by state legislation to protect both landlords and renters from unfair loss.

Official Tribunals and Dispute Resolution

West Virginia does not use a specialized tenancy board for these issues. Instead, disputes over abandoned property are handled by local West Virginia Circuit Courts or Magistrate Courts. If you believe your landlord violated the law, you may file a civil claim in the appropriate court.

Relevant Forms and Actions for Renters

• “Demand for Return of Personal Property” (no official state form number): This is a simple written request that you can give or mail to your landlord to ask for your belongings back. Include:
  • Your name and previous rental address,
  • A description of the items to be collected,
  • The date of your request.

  Sample language and guidelines can be found on the West Virginia Attorney General’s official consumer protection page.

• “General Civil Complaint” (WV Court Form SCA-C-200): If your landlord unlawfully disposes of your property, this form initiates a claim for damages in West Virginia Magistrate Court. Download the SCA-C-200 from the official West Virginia Judiciary website and file with the clerk in your county.

In many cases, communicating directly with your landlord helps resolve property issues without court involvement.

Key Points for West Virginia Renters

• Always provide updated contact info before you move out
• Respond promptly if your landlord contacts you about left-behind property
• Keep records of communications with your landlord

FAQs: West Virginia Abandoned Property Rules

1. How long do landlords have to keep abandoned property?
   West Virginia law requires landlords to store left-behind belongings for at least 30 days and notify you before disposal.
2. What should I do if I left something behind after moving out?
   Contact your landlord immediately to arrange collection. You have 30 days from notice to retrieve your items.
3. Can landlords charge renters for storing abandoned property?
   Yes, landlords may deduct reasonable storage costs from any proceeds of a property sale or, in some cases, from your security deposit.
4. What if my belongings are thrown away too soon?
   If your landlord disposes of your property before 30 days or without giving notice, you may file a complaint in Magistrate Court to recover losses.
5. Where do disputes go if I need legal help?
   Abandoned property disputes are handled by the local Magistrate or Circuit Court in West Virginia.

Conclusion: Protecting Your Property When Moving Out

• Know that landlords must give notice and store your items for at least 30 days.
• Respond promptly to reclaim your property and avoid accidental loss.
• Disputes can be taken to West Virginia’s Magistrate Courts if necessary.

With awareness of these rules, renters can make informed choices—and ensure property isn’t lost during a move.

Need Help? Resources for Renters

• West Virginia Judiciary – Get court forms and find your local Magistrate Court.
• West Virginia Attorney General Consumer Protection Division – File a complaint or seek mediation help.
• Legal Aid of West Virginia – Get legal advice for renters about abandoned property, evictions, or lease questions.
• Read the West Virginia Code on abandoned property

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1. West Virginia Code § 37-6-6 – Disposition of Abandoned Property
2. West Virginia Magistrate Court Forms
3. West Virginia Attorney General Consumer Complaints

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