Under West Virginia law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under WV Code Chapter 37, such as the right to timely rent payments and a livable dwelling
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in West Virginia
In West Virginia, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to West Virginia’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only If Provided |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Only Multiple-Unit Rentals | Only Multiple-Unit Rentals |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Only Replace |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in West Virginia
Landlords must perform necessary repairs in a timely manner. In West Virginia, landlords must make repairs within a “reasonable time” after getting notice from tenants.
If repairs aren’t made in a timely manner, West Virginia tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement. Unlike many states, they can’t make repairs and deduct from the rent, or withhold rent unilaterally.
Tenant Responsibilities in West Virginia
West Virginia does not explicitly outline tenant responsibilities in its state code. However, West Virginia tenants should:
- Pay rent on time.
- Keep the dwelling in a safe and habitable state.
- Remove garbage and trash.
- Use electrical, plumbing and heating fixtures in a reasonable manner.
- Not disturb other tenants or neighbors.
- Not deliberately destroy or damage any part of the property.
- Not sublease the unit to a third party without the landlord’s consent.
Evictions in West Virginia
West Virginia landlords have broad authority to evict tenants. The most common reasons for eviction are:
- Violation of Lease Terms: When a tenant has violated the terms of the lease agreement for any reason including nonpayment of rent, illegal activity, or other breaches, West Virginia landlords are not required to give any notice to correct a lease violation. However, it is up to the landlord if they are willing to allow the tenant to correct the violation. If the reason for the eviction is nonpayment of rent, and the tenant pays past-due rent (and any associated costs) in full prior to the eviction hearing, the eviction proceedings will be stopped.
- No Lease / End of Lease: If the tenant remains on the property after the rental term has expired, the landlord must give the tenant a notice to quit before evicting them. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice to Quit.
- Month-to-Month: 30-Day Notice to Quit.
- Year-to-Year: 90-Day Notice to Quit.
It is illegal for West Virginia landlords to evict tenants for retaliatory or discriminatory purposes.
Landlord Retaliation in West Virginia
It’s illegal for West Virginia landlords to retaliate against tenants who assert their rights under the rental agreement by taking a protected action, like reporting a landlord to government authorities for health and safety violations.
Security Deposits in West Virginia
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: None.
- Inventory Requirement: Landlords are not required to document the condition of the rental unit at the start of the lease term in order to collect security deposits.
- Interest Requirement: None.
Returns & Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, utilities, late fees, physical damage excluding normal wear and tear, costs due to tenant’s noncompliance with the lease, costs of removal and storage of property, and other charges outlined in the lease agreement.
- Time Limit for Return: Landlords must return a security deposit within 45 or 60 days depending on which date occurs first:
- 45 days after the next tenant moves in.
- 60 days after the lease term ends.
- Max. Penalty for Late Return: Tenants can sue for 1½ times the amount wrongfully withheld plus court costs.
Lease Termination in West Virginia
Notice Requirement: Tenants who rent on a periodic basis must give the following notice before terminating their lease:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | 3 Months |
Early Termination: West Virginia tenants are allowed to legally break their lease early for the following reasons:
- Early termination clause in lease.
- Active military duty.
- Uninhabitable unit.
- Landlord harassment.
Tenants who break a lease in West Virginia may still be required to pay the entire remainder of rent owed on the term.
Cost of Breaking a Lease in West Virginia
If a West Virginia tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in West Virginia
West Virginia does not have rent control. State law does not prohibit cities and towns from creating their own rent control, but none have adopted local laws restricting rent increases.
Because West Virginia does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of federally-protected classes.
State law does not specify how much notice landlords must give before raising the rent. Landlords and tenants can agree on a minimum notice period for a rent increase in the lease agreement.
Housing Discrimination in West Virginia
Protected Groups: The Federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. These rules do not apply to some owner-occupied homes or homes operated by religious organizations. West Virginia law does not add any protection for groups not outlined in the Federal Fair Housing Act.
Discriminatory Acts & Penalties: The West Virginia Human Rights Commission handles cases regarding discrimination in housing. However, the organization has not outlined any specific guidelines on what may be considered discriminatory practices.
If tenants believe they have been the victim of discrimination in housing, they can file a complaint by mail. If the complaint is determined to be justified, tenants can use it as a basis for civil litigation.
Additional Landlord Tenant Regulations in West Virginia
In addition to having laws that address general issues like repairs and security deposits, most states, including West Virginia, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right to Entry in West Virginia
In West Virginia, a landlord’s rights when entering a rental property are usually determined by the rental agreement. In general, landlords can enter for purposes reasonably related to the rental agreement, with reasonable advance notice (often at least 24 hours). They don’t need to ask permission or give notice when dealing with an emergency.
Rent Collection & Related Fees in West Virginia
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not required to provide a grace period for the payment of rent before charging a late fee.
- Maximum Late Fee: No limit, but it must be reasonable.
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent.
- Rent Receipt: Not required.
Small Claims Court in West Virginia
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. West Virginia Small Claims Court is called Magistrate Court. The process takes approximately two to three months.
Mandatory Disclosures in West Virginia
West Virginia landlords must provide the following mandatory disclosure to their tenants:
- Lead-Based Paint: It is a federal law in the United States that for any home built prior to 1978, the landlord must disclose the risks posed by lead-based paints.
Changing the Locks
West Virginia law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
West Virginia Landlord Tenant Resources
Many cities in West Virginia have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations, and see the resources below for more general information.
