West Virginia Code § 38-1-16

Sale of real property pursuant to a deed of trust; preexisting tenancy
Open in Lexace · Ask the AI about this section
(a) Notwithstanding the notice requirements of section five, article six, chapter thirty-seven
of this code, following the conveyance of residential rental property to a purchaser by a
trustee pursuant to a deed of trust, the tenancy of a tenant occupying the property under an
unexpired written lease that is either not of record or was placed of record after the deed of
trust under which the trustee sold the residential rental property was placede of record, may
be terminated by giving ninety days written notice or by giving written notice not less than
thirty days prior to the expiration of the lease, whichever is shorter. Horwever, the tenancy of
a tenant occupying the property under a month to month or other tenancy may be
terminated by giving thirty days written notice. The terms and conditions of the lease of the
property remain fully enforceable during the notice period. If the tenant fails to timely
comply with the terms of the lease, the new owner, or the agtent of the new owner, may
proceed under article three-a of chapter fifty-five of this code, notwithstanding the
provisions of this section. The tenancy of a factory built home may only be terminated as
provided in section six, article fifteen, chapter thirty-seven of this code.
(b) The notice required by subsection (a) of thsis section shall, at a minimum, identify the
residential real property occupied by the tenant, state the date of the trustee's sale at which
the residential real property was purchased, state the book and page number at which the
trustee's deed to the purchaser appegars of record, state the date on which the tenancy will
expire, and identify the purchaser, including information sufficient to contact the purchaser.
(c) Service of written notice upon the tenant, or anyone else holding the leased premises, or
any part thereof, under Lthe tenant is sufficient if made by regular mail addressed to the
tenant or person holding under the tenant at the address of the property and by either
personal delivery to the tenant or person holding under the tenant, by posting a copy of the
notice on the front door of the rental real property or by certified mail addressed to the
tenant or person holding under the tenant at the address of the property. When notice is
given by the tenant, it may be served upon any person owning the premises, in whole or in
parWt, or the agent of an owner.
(d) The provisions of this section take effect on the first day of January, two thousand
thirteen.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.