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 dwellingNote: These rights exist regardless of what the rental agreement says.
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. Read more
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. Read more
West Virginia landlords have broad authority to evict tenants. The most common reasons for eviction are:
It is illegal for West Virginia landlords to evict tenants for retaliatory or discriminatory purposes.
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.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
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:
Tenants who break a lease in West Virginia may still be required to pay the entire remainder of rent owed on the term.
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.
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.
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.
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.
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.
The following laws apply to the collection of rent and related fees:
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.
West Virginia landlords must provide the following mandatory disclosure to their tenants:
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.
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.
Can a Landlord Enter Without Permission in West Virginia? West Virginia landlords can enter a rental property without the tenant's permission in an emergency. With reasonable notice, they also can enter to do things related to legal compliance (like a property inspection), even without the tenant's permission. Read more » Is West Virginia a “Landlord Friendly” State? West Virginia is one of the most landlord-friendly states. There are very few restrictions on evictions and rental pricing, and landlords are not strictly regulated in areas like housing safety standards. Read more » What Are a Tenant’s Rights in West Virginia? West Virginia tenants have a right to live in housing that meets basic standards for health and safety. If a landlord violates this right, tenants can take various forms of legal action, such as seeking an injunction or monetary damages. Read more » Can a Tenant Change the Locks in West Virginia? West Virginia tenants can change their own locks, if their rental agreement doesn't say otherwise. Landlords still have various rights to access the property, so it's reasonable for tenants to provide copies of any new keys. Read more »
