| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | No Statute |
Does West Virginia Have Rent Control Laws?
West Virginia does not have rent control laws limiting the amount that landlords request. State law allows local governments to pass their own rent control ordinances, if they choose.
When Can a Landlord Raise Rent in West Virginia?
Landlords in West Virginia can raise the rent at any time, as long as they comply with the following:
- Give reasonable notice
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
- Don’t break any local rent control laws
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by $125 per month if they choose to renew the lease.
When Can’t a Landlord Raise Rent in West Virginia?
Landlords in West Virginia may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- It is done in response to a protected tenant action, such as filing a complaint. This is known as “retaliation“
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
How Often Can Rent Be Increased in West Virginia?
Landlords in West Virginia can increase the rent as often as they choose as long as they provide notice each time.
How Much Notice is Needed To Raise Rent in West Virginia?
West Virginia landlords cannot raise the rent during a lease term. State law does not require a specific notice period before raising the rent. In practice, in this means a landlord must give the same amount of notice required to terminate the tenancy (in case the tenant refuses the increase).
West Virginia lets landlords and tenants agree to any amount of notice in the lease. By default, year-to-year tenancies require three months of advance notice to terminate. For shorter tenancies, the landlord can choose between three months, and one period of the tenancy. This means, for example, that a landlord can terminate a week-to-week tenancy with one week of notice.
How Much Can a Landlord Raise Rent in West Virginia?
West Virginia landlords may raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 W. Va. Code § 37-6-5
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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 certain time.
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