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Rent-to-Own Rights

Rent-to-Own Laws in West Virginia: Your Rights

West Virginia's rent-to-own law gives you 60 days to reinstate after falling behind (90 days once you've paid more than 40% toward ownership), caps the reinstatement fee at $5, and a store generally can't breach the peace to repossess. Missing payments is a civil matter, not a crime.

What West Virginia's rental-purchase law generally provides

Can you be charged with a crime?
Not for the debt, but keeping the item and refusing to return it can be charged as theft.
Can they enter your home?
No home entry without your permission
Getting it back (reinstatement)
Yes, 60-day window
Paid enough to own it?
After ~40%: Paying more than 40% of the payments needed to own the item extends your reinstatement window from 60 days to 90 days after falling behind (W. Va. Code §46B-3-4).
Fee caps
Reinstatement fee capped at $5
Owe a balance after repossession?
Not allowed

These describe what the statute says. Your own contract and the facts of your situation can affect how they apply.

Verified against West Virginia Consumer Goods Rental Protection Act (W. Va. Code ch. 46B) on .

West Virginia regulates rent-to-own through its Consumer Goods Rental Protection Act, and its reinstatement rules reward customers who’ve paid more.

Can the store come into my home?

As with any self-help repossession, a store generally can’t break into your home or use force to take the item back. West Virginia’s rent-to-own law adds its own limits on collection conduct and prohibits a range of dealer practices; when a dealer violates the chapter, you can recover actual damages, attorney’s fees and costs, and a civil penalty of $100 to $1,000 per violation (W. Va. Code §46B-8-1). If a store can’t repossess peacefully, its path is the courts.

Can I be arrested for not paying?

No. Falling behind is a civil matter. West Virginia’s rent-to-own law provides civil remedies — actual damages, attorney’s fees and costs, and a civil penalty of $100 to $1,000 per violation (W. Va. Code §46B-8-1) — aimed at dealers who break the rules, not at customers who miss payments.

Can I be charged with theft for keeping the item?

Keeping the item is a separate question. West Virginia makes it larceny for a person who holds property under a written lease to, with intent to defraud, secrete or convert it after receiving a written notice to return it (W. Va. Code §61-3-32). The notice is sent by certified mail after the lease expires, giving you 10 days to return the property; failing to return within those 10 days is prima facie evidence of intent to defraud.

This is about hiding or keeping the item after a proper notice, not about being behind and trying to catch up. If you decide to walk away, returning the item, or responding to the notice, is what keeps you clear of it.

Reinstatement, and a boost past 40% paid

If you fall behind, you can reinstate within 60 days after the end of the last period you paid on time. Once you’ve paid more than 40% of the payments needed to own the item, that window extends to 90 days (W. Va. Code §46B-3-4). The ownership calculator can help you see which side of that 40% line you’re on.

There’s one limit worth knowing: you can’t reinstate after a dealer has lawfully repossessed the goods twice during the same transaction.

Fees and returning the item

When goods have been repossessed or returned before reinstatement, the dealer may charge only a nominal reinstatement fee of no more than $5 (§46B-3-4). Because a rent-to-own transaction renews one period at a time, you can return the item and stop owing future payments.

West Virginia rent-to-own questions

Can a rent-to-own store in West Virginia have me arrested for missing payments?
Falling behind on payments is a civil matter, not a crime. West Virginia's rent-to-own law provides civil remedies (actual damages, attorney's fees and costs, and a civil penalty of $100 to $1,000 per violation under W. Va. Code §46B-8-1) aimed at dealers who break the rules, not at customers who fall behind.
Can I be charged with theft for keeping rent-to-own property in West Virginia?
Keeping the item is a separate question. West Virginia makes it larceny for a person who holds property under a written lease to, with intent to defraud, secrete or convert it after receiving a written notice to return it (W. Va. Code §61-3-32). The notice is sent by certified mail after the lease expires, giving you 10 days to return the property; failing to return within those 10 days is prima facie evidence of intent to defraud. It targets hiding or keeping the item after a proper notice, not being behind; returning the item, or responding to the notice, takes you out of it.
Can a rent-to-own store enter my home in West Virginia to take the item back?
As with any self-help repossession, a store generally can't break into your home or use force to take the item back. West Virginia's rent-to-own law also limits collection conduct and prohibits a range of dealer practices; when a dealer violates the chapter, you can recover actual damages, attorney's fees and costs, and a civil penalty of $100 to $1,000 per violation (W. Va. Code §46B-8-1).
Can I get rented rented merchandise back after it is repossessed in West Virginia?
You can reinstate within 60 days after the end of the last period you paid on time, extended to 90 days if you'd paid more than 40% of the payments needed to own the item. One limit: you can't reinstate after a dealer has lawfully repossessed the goods twice during the same transaction (W. Va. Code §46B-3-4).
In West Virginia, can I owe money after the item is repossessed?
Because a rent-to-own transaction renews one period at a time, you can return the item and stop owing future payments rather than being held to a full purchase price.

Sources

Every statement about the law on this page links to the official statute itself, so you can read the law, not just our summary of it. Notice something out of date? Let us know.

Consumer information, not legal advice. For your situation, consider speaking with a licensed West Virginia attorney or a local legal-aid office.