A Squatter Is Not A Tenant
W. Va. Code § 37-6-31 — someone with no rental agreement is outside the landlord and tenant article
A squatter is a person living in a unit who has no rental agreement and is not authorized by the tenant to be there. A tenant holding over in a periodic tenancy is not a squatter.
No eviction required. No court may require an owner to use eviction or a similar procedure to remove a squatter, and the removal is not to be unduly hindered.
Whether a particular person is a squatter or a tenant is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 37-6-31 — Exclusions from application of this article
- W. Va. Code § 37-6-5 — Notice to terminate tenancy
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.