Senate Bill No. 361
(By Senators Love, Schoonover and Yoder)
[Introduced February 15, 1995; referred to the
Committee on the Judiciary.]
A BILL to amend article six, chapter thirty-seven of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
thirty-one, relating to disposal of abandoned property.
Be it enacted by the Legislature of West Virginia:
That article six, chapter thirty-seven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
thirty-one, to read as follows:
ARTICLE 6. LANDLORD AND TENANT.
§37-6-31. Holding and disposing of abandoned property.
If the landlord holds proper possession of the property with the tenant having abandoned their personal property therein,
after thirty days or upon the landlord rerenting the property,
the landlord may without action at law, take, dispose of or
otherwise remove, the tenant's personal property without
incurring any liability or responsibility to the tenant or any
other person whatsoever.
NOTE: The purpose of this bill is to allow landlords to
remove abandoned personal property without incurring liability.
Section thirty-one is new; therefore, strike-throughs and
underscoring have been omitted.