WVC 37 -
CHAPTER 37. REAL PROPERTY.
WVC 37 - 6 -
ARTICLE 6. LANDLORD AND TENANT.
WVC 37 - 6 - 1
§37-6-1. Rights of parties on transfer of land or reversion.
An heir, devisee, grantee or assignee of any land let to
lease, or of the reversion thereof, and his heirs, personal
representative or assigns, shall enjoy against the lessee, his
personal representative, devisees or assigns, the like advantage
by action or entry upon any condition or forfeiture, or by action
upon any covenant or promise in the lease, which the grantor,
assignor, or lessor might have enjoyed.
WVC 37 - 6 - 2
§37-6-2. Rights of lessee against transferee of reversion.
A lessee, his personal representatives, devisees or assigns,
may have against an heir, devisee, grantee or alienee of the
reversion, or of any part thereof, or of any estate therein, his
heirs, devisees, or assigns, the like benefit of any condition,
covenant, or promise in the lease, as he could have had against
the lessors themselves; except the benefit of any warranty, in
deed or law.
WVC 37 - 6 - 3
§37-6-3. Effect of transfer of rent, reversion or remainder.
When rents are inherited, conveyed or devised, all rights of
distress and reentry, or either of them, shall pass to the heir,
grantee or devisee without express words. An inheritance, grant,
or devise of a rent, or of a reversion or remainder, shall be
good and effectual without attornment of the tenant; but no
tenant, who, before the death of the ancestor or testator, or
before notice of the grant, shall have paid the rent to the
ancestor, testator, or grantor, shall suffer any damage thereby.
WVC 37 - 6 - 4
§37-6-4. Attornment to stranger void.
The attornment of a tenant to any stranger shall be void,
unless it be with the consent of the landlord of such tenant, or
pursuant to, or in consequence of, the judgment, order, or decree
of a court.
WVC 37 - 6 - 5
§37-6-5. Notice to terminate tenancy.
A tenancy from year to year may be terminated by either
party giving notice in writing to the other, at least three
months prior to the end of any year, of his intention to
terminate the same. A periodic tenancy, in which the period is
less than one year, may be terminated by like notice, or by
notice for one full period before the end of any period. When
such notice is to the tenant, it may be served upon him, or upon
anyone holding under him the leased premises, or any part
thereof. When it is by the tenant, it may be served upon anyone
who at the time owns the premises in whole or in part, or the
agent of such owner, or according to the common law. This
section shall not apply where, by special agreement, some other
period of notice is fixed, or no notice is to be given; nor shall
notice be necessary from or to a tenant whose term is to end at a
WVC 37 - 6 - 6
§37-6-6. Desertion of leased property; entry; recovery of rent,
disposition of abandoned personal property; notice.
(a) If any tenant from whom rent is in arrears and unpaid
abandons the leased property, the landlord or his or her agent
shall post a notice in writing in a conspicuous part of the
property, requiring the tenant to pay the rent within one month.
If the rent is not paid within that time, the landlord shall be
entitled to possession of the property, and may enter thereon, and
the right of the tenant to the leased property shall end. The
landlord may recover the rent owed up to the time when he or she
became entitled to possession.
(b) If any tenant of a housing development operated by a
housing authority abandons the leased property when rent is not a
condition of the lease agreement, the housing authority shall post
a notice in writing in a conspicuous part of the property,
requiring the tenant to respond in writing within one month stating
that he or she has not abandoned the leased property. If the
tenant does not respond in writing within one month, stating that
he or she has not abandoned the leased property, the housing
authority shall be entitled to possession of the property, and may
enter thereon, and the right of the tenant to the leased property
(c) Upon regaining possession of the property, the landlord or his or her agent or housing authority may take, dispose of or
otherwise remove the tenant's personal property without incurring
any liability to the tenant or any other person. To dispose of the
tenant's property under this section, the landlord or housing
authority shall give a written notice to the tenant that shall be:
(1) Posted in a conspicuous place on the property; and
(2) Sent by first-class mail with a certificate of mailing,
which provides a receipt of the date of mailing, in an envelope
endorsed "Please Forward", addressed and mailed to the tenant at:
(A) The leased property;
(B) Any post office box held by the tenant and known to the
landlord or housing authority; and
(C) The most recent forwarding address if provided by the
tenant or known to the landlord or housing authority.
(d) The written notice required under subsection (c) of this
section shall state that:
(1) The leased property is considered abandoned;
(2) Any personal property left by the tenant must be removed
from the property or from the place of safekeeping, if the landlord
or housing authority has stored the property, by a date specified
in the written notice that is:
(A) Not less than thirty days after the date the written
notice was mailed; or
(B) Not less than sixty days after the date the written notice
was mailed if the tenant has notified the landlord or housing
authority that he or she is on active duty in the armed forces of
the United States.
(3) If the personal property is not removed within the time
provided for in this section, then the tenant forfeits his or her
ownership rights to the personal property, and the personal
property becomes the property of the landlord or housing authority.
(e) Notwithstanding the provisions of subsection (c) of this
section, if the abandoned personal property is worth more than
three hundred dollars and was not removed from the property or from
the place of safekeeping within the time period stated in the
notice required in subsection (d) of this section, the landlord
shall store the personal property for up to thirty additional days
if the tenant or any person holding a security interest in the
abandoned personal property informs the landlord of their intent to
remove the property: Provided, That the tenant or person holding
a security interest in the abandoned personal property pays the
landlord the reasonable costs of storage and removal.
WVC 37 - 6 - 7
§37-6-7. Reletting by landlord.
The landlord, or other person entitled to the rent may,
however, at his election, incorporate, in the notice provided for
in the preceding section, the further notice that he will, after
he shall have taken possession of the demised premises, lease the
premises to some other person, in which case the tenant will
still remain liable upon his lease, for the unexpired portion of
his term, for the difference between the amount of rent received
by the landlord from the new tenant, and the amount payable under
the lease of the original tenant, and upon any other covenants or
agreements contained in the original lease.
WVC 37 - 6 - 8
§37-6-8. Tenant's right to recover possession.
If the landlord shall have elected to continue to hold the
tenant liable upon his lease, as provided in the preceding
section, the tenant shall be entitled, upon the payment of all
arrears of rent, and the satisfaction of any liabilities which
shall have accrued upon the covenants or agreements contained in
his lease, and any other liabilities with which he is chargeable
by virtue of his lease, to the possession of the premises, except
to the extent that some other person is already in possession of
the premises, or is entitled to such possession, by virtue of a
lease made by the landlord to such other person pursuant to the
notice given under the preceding section, before the tenant shall
have notified the landlord in writing of his intention to resume
possession of the premises, and shall have satisfied, or tendered
an amount sufficient to satisfy, his liabilities under his lease
as aforesaid. No tenant whose lease has been lawfully forfeited,
under the second preceding section, shall be entitled to any
right, either at law or in equity, to be relieved of such
forfeiture, or to reenter the premises, except as provided in
WVC 37 - 6 - 9
§37-6-9. Recovery of rent by distress or action; evidence;
Rent of every kind may be recovered by distress or action. A
landlord may also, by action, recover a reasonable satisfaction
for the use and occupation of lands, and, on the trial of such
action, if any parol demise, or any agreement wherein a certain
rent was reserved, shall appear in evidence, the plaintiff shall
not for that reason be nonsuited, but may use the same as
evidence of the amount of his debt or damages. In any action for
rent, or for such use and occupation, interest shall be allowed
as on other contracts.
WVC 37 - 6 - 10
§37-6-10. Who may recover rent.
He to whom rent or compensation is due, whether he have the
reversion or not, his personal representative or assignee, may
recover it as provided in the preceding section, or may, in a
proper case, resort to an attachment, whatever be the estate of
the person owing it, or though his estate or interest in the land
be ended. And when the owner of real estate in fee, or holder of
a term, yielding him rent, dies, the rent thereafter due shall be
recoverable by such owner's heir or devisee, or such term-
holder's personal representative or devisee. And if the owner or
holder alien or assign his estate or term, or the rent thereafter
to fall due thereon, his alienee or assignee may recover such
WVC 37 - 6 - 11
§37-6-11. Persons liable for rent.
Rent may be recovered from the lessee, or other person owing
it, or the heir, personal representative, devisee or assignee,
who has succeeded to the lessee's estate in the premises. But no
assignee shall be liable for rent which became due before his
interest began. Nothing herein shall change or impair the
liability of heirs, personal representatives, or devisees, for
rent, to the extent and in the manner in which they are liable
for other debts of the ancestor or testator; nor shall the mere
merger of the reversion to which a rent is incident affect the
liability for such rent.
WVC 37 - 6 - 12
§37-6-12. Distress for rent; time and place; warrant.
Rent may be distrained for within one year after the time it
becomes due, and not afterwards, whether the lease be ended or
not. The distress shall be made by any sheriff or constable of
the county wherein the premises yielding the rent or some part
thereof may be or the goods liable to distress may be found,
under a warrant from a justice founded upon the affidavit of the
person claiming the rent, or his agent, that the amount of money
or other thing to be distrained for (to be specified in the
affidavit), as he verily believes, is justly due to the claimant
for rent reserved upon contract from the person of whom it is
WVC 37 - 6 - 13
§37-6-13. Property subject to distress.
The distress may be levied on any goods of the lessee, or his
assignee or undertenant, found on the premises, or which may have
been removed therefrom not more than thirty days. If the goods of
such lessee, assignee or undertenant, when carried on the premises,
are subject to a lien which is valid against his creditors, his
interest only in such goods shall be liable to such distress. If
any lien be created thereon while they are upon the leased
premises, they shall be liable to distress, but for not more than
one year's rent, whether it shall have accrued before or after the
creation of the lien: Provided,
That if the goods are subject to
a perfected purchase money security interest, as defined in section
one hundred seven, article nine, chapter forty-six of this code,
and that such purchase money security interest is in effect under
the terms set forth in section four hundred three, article nine of
chapter forty-six of this code, then the goods are liable to
distress only to the extent of the unencumbered interest of the
lessee, assignee or undertenant. No goods shall be liable to
distress other than such as are declared to be so liable in this section.
WVC 37 - 6 - 14
§37-6-14. Forcible entry by officer.
The officer having such distress warrant or an order of
attachment, based upon rent, if there be need for it, may, in the
daytime, break open and enter into any house or close in which
there may be goods liable to the distress or order, and may,
either in the day or nighttime, break open and enter into any
house or close wherein there may be any goods so liable, which
have been fraudulently or clandestinely removed from the demised
WVC 37 - 6 - 15
§37-6-15. Unlawful act after making distress; damages.
WVC 37 - 6 - 16
Where distress shall be made for rent justly due, and any
irregularity or unlawful act shall afterwards be done by the
party distraining, or his agent, the distress itself shall not be
deemed to be unlawful, nor the party making it be therefore
deemed a trespasser ab initio; but the aggrieved by such
irregularity or unlawful act may, by action, recover full
satisfaction for the special damage he shall have sustained
§37-6-16. Distress or attachment when rent not payable in money.
Where goods are distrained or attached for rent reserved in
a share of the crops, or in anything other than money, the
claimant of the rent, having given the tenant ten days' notice,
or if he be out of the county, having set up the notice in some
conspicuous place on the premises, may apply to the court or
justice to which the distress or attachment is returnable, to fix
the value of such rent. Upon such application the court or
justice having ascertained the value, either by its own judgment,
or, if either party require it, by the verdict of a jury
impaneled without the formality of pleading, shall order the
goods distrained or attached, to be sold to pay the amount so
WVC 37 - 6 - 17
§37-6-17. Attachment for rent.
On complaint by any landlord or person entitled to rent, or
his agent, to a justice, that any person liable to him for rent
intends to remove, or is removing, or has within thirty days
removed his effects from the leased premises, if such landlord or
person entitled to rent, or his agent, make oath to the truth of
such complaint to the best of his belief, and to the rent which
is reserved (whether in money or other thing) and will be payable
within one year, and the time or times when it will be payable,
and also make oath either that there is not, or he believes,
unless an attachment issues, there will not be, left on such
premises, property liable to distress sufficient to satisfy the
rent so to become payable, such justice shall, if the landlord or
person entitled to rent, or his agent, shall execute before such
justice a bond in the penalty and with the conditions prescribed
in section eight, article seven, chapter thirty-eight of this
code, issue an order of attachment for such rent against the
personal estate of the person so liable therefor. If the amount
of rent claimed by the landlord or person entitled to the rent,
or his agent, exclusive of interest, is fifty dollars or less
than that amount, the order of attachment shall be returnable
before the justice issuing the order, or another justice; if the
amount of rent so claimed, exclusive of interest, is more than
fifty dollars and not more than three hundred dollars, the order
of attachment may be returnable before the justice issuing the
order, or another justice, or to the next term of the circuit
court thereafter; and if the amount of rent so claimed, exclusive of interest, exceeds three hundred dollars, the order of
attachment shall be returnable to the next term of the circuit
If the order of attachment is returnable to the circuit
court, it shall be in form or effect as follows:
"District of ...................., ....................
The above-named plaintiff having filed with me the affidavit
and bond required by law, the sheriff of the County of
...................., or any constable therein to whom this order
may come, is hereby required, in the name of the State of West
Virginia, to attach and take into his possession the personal
estate of the defendant, C................ D................,
sufficient to pay the sum of ............... dollars (the sum
affiant states will be due), and the costs of this attachment,
and to make return of his proceedings under this order to the
next term of the circuit court of the said county.
Given under my hand this ........ day of ......., 19.....
E.......... F.........., Justice."
The defendant, in an attachment issued under the next
preceding paragraph, may make defense thereto in the same manner
and to the same extent as in other cases of attachment; and the
same, as to the rent claimed, shall be proceeded in, tried and
determined, as if it were an original action brought in said circuit court, and the affidavit and attachment shall take the
place of a declaration in the case. The affidavit in such case
shall be returned to the clerk of the circuit court by the
justice. The provisions of sections seven to forty-six, both
inclusive, except sections thirty-seven, thirty-eight, and thirty- nine, article seven, chapter thirty-eight of this code, shall be
applicable to attachments issued hereunder and returnable to the
If the order of attachment is returnable before a justice,
it shall be in form or effect as follows:
"District of ....., ....., County, to-wit:
"A..... B......, Plaintiff, ) Order
vs. ) of
C..... D....., Defendant. ) Attachment
The above-named plaintiff having filed with me the affidavit
and bond required by law, any constable in the County of............, to whom this order may come, is hereby required, in
the name of the State of West Virginia, to attach and take into
his possession the personal estate of the defendant, C..........
D.........., sufficient to pay the sum of .......... dollars (the
sum affiant states will be due), and the costs of this
attachment, and to make return of his proceedings under this
order to me (or, if the order is made returnable before another
justice, to G.......... H..........), a justice of the peace in
Given under my hand this ..... day of ......, 19....
E.......... F.........., Justice."
The provisions of sections seven to twenty-four, both
inclusive, article nine, chapter fifty of this code shall be
applicable to attachments issued hereunder and returnable before
WVC 37 - 6 - 18
§37-6-18. Removal of goods by third party having lien.
If, after the commencement of any tenancy, a lien be obtained
or created by trust deed, mortgage, or otherwise, upon the interest
or property in goods on premises leased or rented, of any person
liable for the rent, the party having such lien may remove such
goods from the premises on the following terms, and not otherwise,
that is to say: On the terms of paying to the person entitled to
the rent, so much as is in arrear, and securing to him so much as
is to become due; what is so paid or secured not being more
altogether than a year's rent in any case: Provided,
That if the
party removing such goods has perfected a purchase money security
interest in the goods, as defined in section one hundred seven,
article nine, chapter forty-six of this code and that such purchase
money security interest is in effect under the terms set forth in
section four hundred three, article nine, chapter forty-six of this
code, then the goods are liable to distress only to the extent of
the unencumbered interest of the lessee, assignee or undertenant.
If the goods be taken under legal process, the officer executing it
shall, out of the proceeds of the goods, make such payment of what
is in arrear; and, as to what is to become due, he shall sell a
sufficient portion of the goods on a credit till then, taking from
the purchaser bond, with good security, payable to the person so
entitled, and delivering such bond to him. If the goods be not
taken under legal process, such payment and security shall be made
and given before their removal. Neither this nor any other section
of this article shall affect any lien for taxes or levies.
WVC 37 - 6 - 19
§37-6-19. Right of reentry; ejectment; unlawful detainer;
judgment by default.
Any person who shall have the right of reentry into the
lands by reason of any rent issuing thereout being in arrear, or
by reason of the breach of any covenant or condition, may serve a
declaration in ejectment on the tenant in possession, where there
shall be such tenant, or, if the possession be vacant, by
affixing the declaration upon the chief door of any messuage, or
at any other conspicuous place on the premises, which service
shall be in lieu of a demand and reentry; or may commence an
action of unlawful detainer, and obtain service either in person
or by publication, as in other such actions, which service shall
be in lieu of a demand and reentry; and upon proof to the court,
by affidavit in case of judgment by default, or upon proof on the
trial that the rent claimed was due, and there was not sufficient
property subject to distress upon the premises to satisfy the
claim for rent due, or that the covenant or condition was broken
before the service of the declaration in ejectment, or the
commencement of the action of unlawful detainer, and that the
plaintiff had power thereupon to reenter, he shall recover
judgment, and have execution for such lands. In case the time
for reentering be specified in the instrument creating the rent,
covenant or condition, the proceedings in ejectment or unlawful
detainer shall not be begun until such time shall have elapsed.
WVC 37 - 6 - 20
§37-6-20. Relief against forfeiture.
Should the defendant, or other person for him, not pay the
rent in arrear, with interests and costs, nor file a bill in
equity for relief against such forfeiture, within twelve months
after execution executed, he shall be barred of all rights, in
law or equity, to be restored to such lands or tenements.
WVC 37 - 6 - 21
§37-6-21. Rights of mortgagee or trustee.
Any mortgagee or trustee of the tenant's interest in such
lands, or any part thereof, whether he be in possession of the
lands or not, may, within twelve months after execution executed,
pay the rent and all arrears, with interest and costs, or file a
bill in equity for relief against such forfeiture; and thereupon
may be relieved against it, on the same terms and conditions as
the tenant of such lands or tenements would be entitled to.
WVC 37 - 6 - 22
§37-6-22. Injunction against ejectment or unlawful detainer.
If the tenant of such lands, or any person having a right or
claim thereto, shall, within the time aforesaid, file his bill
for relief in the circuit court of the county wherein the lands
are situated, he shall not have or continue any injunction
against the proceedings at law on the ejectment or unlawful
detainer, unless he shall, within thirty days next after a full
and perfect answer filed by the plaintiff in ejectment, or
unlawful detainer, bring into court or deposit in some bank
within the state, to the credit of the cause, such money as the
plaintiff in ejectment or unlawful detainer shall, in his answer,
swear to be due and in arrear over and above all just allowances,
and also the costs taxed in the suit, there to remain till the
hearing of the cause, or to be paid out to such plaintiff on good
security, subject to the decree of the court.
WVC 37 - 6 - 23
§37-6-23. Effect of payment of rent or relief in equity.
If any party having a right or claim to such lands shall, at
any time before the trial in such action of ejectment or of
unlawful detainer, pay or tender to the party entitled to such
rent, or to his attorney in the cause, or pay into court, all the
rents and arrears, with interest and costs, all further
proceedings in the action shall cease. If the person claiming
the land shall, upon bill filed as aforesaid, be relieved in
equity, he shall hold the land as before the proceedings began,
without a new lease or conveyance.
WVC 37 - 6 - 24
§37-6-24. Record of reentry; publication of certificate.
Where actual reentry shall be made, the party, by or for
whom the same shall be made, shall return a written act of
reentry, sworn to by the sheriff or other officer acting therein,
to the clerk of the county court of the county wherein the lands
or tenements shall be, who shall record the same in the deed
book, and shall deliver, to the party making the reentry, a
certificate setting forth the substance of such written act, and
that the same had been left in his office to be recorded, which
certificate shall be published as a Class II legal advertisement
in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication
shall be such county. Such publication shall be proved by
affidavit to the satisfaction of such clerk, who shall note the
fact on the margin of the deed book against the record of the act
of reentry in the words, "Publication made and proved according
to law, A ........... B .........., Clerk," and shall return the
original act of reentry to the party entitled thereto. Such
written act of reentry, when recorded, and the record thereof, or
a duly certified copy from such record, shall be evidence in all
cases of the facts therein set forth.
WVC 37 - 6 - 25
§37-6-25. Fees of clerk.
The clerk shall be paid for recording, granting certificate,
and noting publication, as aforesaid, one dollar and fifty cents.
WVC 37 - 6 - 26
§37-6-26. Payment of rent and reinstatement after reentry.
Should the person entitled to such land at the time of
reentry made, or having a claim thereto, not pay or tender the
rent and all arrears thereof, with interest and all reasonable
expenses incurred about such reentry, within one year from the
first day of publication as aforesaid, he shall be forever barred
from all right, in law or equity, to such lands. In case any
party, having such right, shall pay or tender such rent and
arrears with interest and expenses as aforesaid to the party
making reentry, within the time aforementioned therefor, he shall
be reinstated in his possession to hold as if the reentry had not
WVC 37 - 6 - 27
§37-6-27. Defects in entry proceedings.
No person who, or those under whom he claims, shall have
been possessed of lands by virtue of a reentry, for the term of
two years, shall be disturbed therein by suit or otherwise for
any defect of proceedings in such reentry.
WVC 37 - 6 - 28
§37-6-28. Destruction of buildings; abatement of rent.
Where buildings or other structures upon leased premises,
not owned by the tenant or removable by him, are destroyed by
fire or otherwise, in whole or in part, without fault or
negligence on the part of the tenant, there shall be, unless the
lease otherwise provides, a reasonable reduction of the rent for
such time as may elapse until there be placed again upon the
premises buildings, or other structures, of as much value to the
tenant for his purposes as those destroyed, and unless the
landlord shall rebuild or replace such structures as soon as he
can reasonably do so, the tenant may, after the expiration of
such reasonable time, surrender the possession of the premises
and be relieved of all further liability for rent, after the time
of such surrender.
WVC 37 - 6 - 29
§37-6-29. Land taken by eminent domain; termination or reduction
Whenever the whole of any tract of land which is under lease
is taken under the power of eminent domain, the liability of any
tenant of such land to pay rent thereon shall terminate unless
the lease expressly provide otherwise. If any part of a tract of
land which is under lease, or any easement or other interest in
such land, is taken under the power of eminent domain, the rent
of any tenant of the land shall, unless the lease expressly
provide otherwise, be reduced in the proportion which the value
of the land or interest taken bears, at the time of such taking,
to the total value of the land upon which rent was payable, under
the lease. The foregoing provisions shall not affect nor impair
any right which a tenant of land may have to compensation from
the person exercising the right of eminent domain, for the value
of his lease, or other property upon the leased premises
belonging to him, or in which he may have an interest, if such
value shall exceed the amount of the rent from the payment of
which he is relieved by virtue of the provisions of this section.
WVC 37 - 6 - 30
§37-6-30. Landlord to deliver premises; duty to maintain premises
in fit and habitable condition.
With respect to residential property:
(a) A landlord shall:
(1) At the commencement of a tenancy, deliver the dwelling
unit and surrounding premises in a fit and habitable condition,
and shall thereafter maintain the leased property in such
(2) Maintain the leased property in a condition that meets
requirements of applicable health, safety, fire and housing
codes, unless the failure to meet those requirements is the fault
of the tenant, a member of his family or other person on the
premises with his consent; and
(3) In multiple housing units, keep clean, safe and in
repair all common areas of the premises remaining under his
control that are maintained for the use and benefit of his
(4) Make all repairs necessary to keep the premises in a fit
and habitable condition, unless said repairs were necessitated
primarily by a lack of reasonable care by the tenant, a member of
his family or other person on the premises with his consent; and
(5) Maintain in good and safe working order and condition
all electrical, plumbing, sanitary, heating, ventilating, air-
conditioning and other facilities and appliances, including
elevators, supplied or required to be supplied by him by written
or oral agreement or by law; and
(6) In multiple housing units, provide and maintain appropriate conveniences for the removal of ashes, garbage,
rubbish and other waste incidental to the occupancy of the
dwelling unit; and
(7) With respect to dwelling units supplied by direct public
utility connections, supply running water and reasonable amounts
of hot water at all times, and reasonable heat between the first
day of October and the last day of April, except where the
dwelling unit is so constructed that running water, heat or hot
water is generated by an installation within the exclusive
control of the tenant.
(b) If a landlord's duty under the rental agreement exceeds
a duty imposed by this section, that portion of the rental
agreement imposing a greater duty shall control.
(c) None of the provisions of this section shall be deemed
to require the landlord to make repairs when the tenant is in
arrears in payment of rent.
(d) For the purposes of this section, the term "multiple
housing unit" shall mean a dwelling which contains a room or
group of rooms located within a building or structure forming
more than one habitable unit for occupants for living, sleeping,
eating and cooking.