WEST VIRGINIA CODE
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
this section.
Note: WV Code updated with legislation passed through the 2012 1st Special Session