House Bill 3039 History
H. B. 3039
(By Delegates Shott, Gearheart and Ellington)
[Introduced March 21, 2013; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §37-6-31, relating to
the right of the landlord of commercial premises to terminate
the lease under certain circumstances and providing a process
for the termination.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §37-6-31, to read as
ARTICLE 6. LANDLORD AND TENANT.
§37-6-31. Landlord's right to terminate lease of commercial
premises if tenant fails to use premises for agreed
_______________(a) With respect to commercial property comprised of multiple units and intended to be occupied by more than one commercial
tenant, a landlord has the right to terminate a tenant's lease even
if the tenant is paying rent in accordance with the terms of the
_______________(1) The lease specifies a commercial purpose for which the
leased property is to be used by the tenant; and
_______________(2) (A) The tenant fails to commence using the leased property
for the purpose specified in the lease; or
_______________(B) Commences using the leased property for a purpose
different than that which is specified in the lease and to which
the landlord has not agreed in writing; and, if
_______________(3) The period of nonuse or unpermitted use continues for at
least sixty consecutive days following delivery of a written demand
from landlord for tenant to commence using the leased property for
the purpose specified in the lease; and
_______________(4) The nonuse or unpermitted use by the tenant has an adverse
economic effect upon landlord and at least one of the landlord's
other tenants; and
_______________(5) In the case of nonuse, the lease does not expressly permit
the tenant to refrain from using the premises for the purpose
specified in the lease nor designate the period during which the
nonuse is permitted.
_______________(b) In order to exercise its right to terminate, the landlord
shall deliver to the tenant a written notice of the termination at least sixty days prior to the effective date of the termination.
_______________(c) The termination of the lease under the authority of this
section operates to extinguish all of the respective rights and
obligations of the parties except the landlord's right to collect
all unpaid rent and other financial obligations of the tenant and
all other rights and obligations which would survive the
termination under the express terms of the lease.
_______________(d) This section does not replace or limit any other remedy
available to the landlord under the lease or applicable law.
NOTE: The purpose of this bill is to permit a landlord to
terminate a lease of a portion of a multi-tenant commercial
property if the tenant fails the use the premises for the purpose
specified in the lease, and the tenant's use or nonuse produces an
adverse economic effect upon the landlord or another tenant of the
property. It establishes a procedure for notifying the tenant and
allows the tenant time to commence using the premises for its
agreed purpose. It also requires the landlord to notify the tenant
of the termination of the lease if the tenant fails to commence
using the premises within the specified time.
This section is new; therefore, it has been completely