West Virginia Landlord Retaliation Laws

West Virginia Landlord Retaliation Laws

Last Updated: August 19, 2023

Tenant Protected Actions
  • Asserting Rights Related to the Landlord-Tenant Relationship
Landlord Retaliatory Actions
  • Any Interference with the Tenant’s Quiet Enjoyment (typically eviction)
Penalties for Retaliation
  • End Lease
  • Repossess Property
  • Sue for Damages

When Is It Illegal for Landlords to Retaliate in West Virginia?

It’s illegal for West Virginia landlords to retaliate against tenants who assert their rights under the landlord-tenant relationship in the rental agreement (such as reporting the landlord’s failure to maintain the property). A tenant can claim retaliation as a defense against eviction, or can sue the landlord affirmatively, claiming retaliation.

What Can Tenants Do in Response in West Virginia?

West Virginia tenants can respond to landlord retaliation by suing for quiet enjoyment of the property, including as a defense in eviction proceedings. In either case, the tenant can recover monetary damages, and ask the court to modify the lease, cancel the lease, or issue injunctions against the landlord’s behavior.