The landlord is not required to leave the property in the rental unit. The landlord can store the property in a “place of safekeeping.”

The landlord can charge you a removal and storage fee.

The landlord shall give the tenant notice by ALL of the following methods that apply:

1. Post the notice in a conspicuous place on the premises,

2. Send the notice by First Class mail, Return Receipt Requested, marked “Please Forward,” with Certificate of Mailing, to:

A. The rental address; and

B. Any P.O. Box held by tenant and known to landlord; and

C. Any forwarding address if provided by tenant or known to landlord.

It is very important to give your landlord a forwarding address AND go to the Post Office to fill out a mail forwarding form so you do not miss the notice.

1. The rental unit is considered abandoned.

2. Any personal belongings left by the renter must be removed from the property or from the place of safekeeping (if the landlord has stored the property) by the date in the written notice.

West Virginia law gives tenants 30 days from the date of the mailing of the notice to get their belongings out of the rental unit or the place of safekeeping if the landlord has stored the belongings.

If the tenant is on active duty with the U.S. armed forces and notified the landlord, then West Virginia law gives tenants 60 days from the date of the mailing of the notice to get their belongings out of the rental unit or the place of safekeeping if the landlord has stored the belongings.

The landlord must store the renter’s belongings for an additional 30 days if the property is worth more than $300 if the tenant does the following:

1. The tenant tells the landlord they intend to remove the property; AND

2. The tenant pays the landlord reasonable costs of storage and removal.

Reasonable costs of storage and removal depend on the amount and type of property left in the rental unit. For example, you may be asked to pay the cost of packing and moving your items to the storage area and any storage fees.

The tenant gives up their rights to the belongings. The landlord may take, throw away or remove the property with no liability.

You may be liable for any fees spent by the landlord.

For more information on personal property after an eviction, click here.