West Virginia Code § 46-2A-507

Proof of market rent; time and place
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(1) Damages based on market rent (section 2A-519 or 2A-528) are determined according to
the rent for the use of the goods concerned for a lease term identical to the remaining lease
term of the original lease agreement and prevailing at the times specified in sections 2A-519
and 2A-528.
(2) If evidence of rent for the use of the goods concerned for a lease term identical to the
remaining lease term of the original lease agreement and prevailing at the times or places
described in this article is not readily available, the rent prevailing within any reasonable
time before or after the time described or at any other place or fuor a different lease term
which in commercial judgment or under usage of trade would serve as a reasonable
substitute for the one described may be used, making any prtoper allowance for the
difference, including the cost of transporting the goods to or from the other place.
(3) Evidence of a relevant rent prevailing at a time or place or for a lease term other than
the one described in this article offered by one parlty is not admissible unless and until he or
she has given the other party notice the courts finds sufficient to prevent unfair surprise.
(4) If the prevailing rent or value of any goiods regularly leased in any established market is
in issue, reports in official publicatiogns or trade journals or in newspapers or periodicals of
general circulation published as the reports of that market are admissible in evidence. The
circumstances of the preparation of the report may be shown to affect its weight but not its
admissibility.
B. Default By Lessor

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