West Virginia Tenant Resources

Your comprehensive guide to rental laws, guidelines and advocacy in West Virginia

What are the late fee regulations in West Virginia?

In West Virginia, late fees must be reasonable and specified in the written lease agreement. While state law doesn't set a specific maximum late fee amount, courts generally consider fees to be reasonable if they don't exceed 5-10% of the monthly rent. The lease must clearly state the amount of late fees and when they will be charged. West Virginia law doesn't mandate a specific grace period, but many leases provide a 5-day grace period before late fees are assessed. Landlords cannot charge interest on late fees, and excessive or undisclosed late fees may be challenged in court as an unenforceable penalty.

What are the rules for security deposits in West Virginia?

Under West Virginia law (WV Code §37-6A-1), security deposits cannot exceed two months' rent. Landlords must return the deposit within 60 days after the tenant moves out, along with an itemized list of any deductions. The deposit can be used for unpaid rent, damage beyond normal wear and tear, and other breaches of the lease agreement. Landlords should provide a move-in checklist documenting the unit's condition. The deposit should be held in a separate account at a banking institution regulated by West Virginia. If the landlord fails to return the deposit or provide an itemized list within 60 days, the tenant may be entitled to recover the full deposit amount plus damages.

What are the eviction rules and tenant protections in West Virginia?

West Virginia Code §37-6-6 governs eviction procedures. Landlords must provide: 1) 3-day notice for non-payment of rent, 2) 30-day notice for lease violations, 3) 30-day notice for month-to-month termination (unless lease specifies otherwise). Self-help eviction is illegal - landlords must obtain a court order. West Virginia provides protections for victims of domestic violence under WV Code §37-6A-1. Tenants can defend against eviction if the landlord failed to maintain the property or retaliated against the tenant for exercising legal rights. All notices must be in writing and properly served. The eviction process requires filing a complaint with magistrate court and obtaining a writ of possession.

What are the maintenance requirements for landlords in West Virginia?

West Virginia Code §37-6-30 requires landlords to maintain rental properties in a fit and habitable condition. Requirements include: 1) Maintaining essential services including electrical, plumbing, and heating systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal and pest control, 5) Complying with applicable building, housing, and health codes. Tenants must provide written notice of needed repairs. While West Virginia law doesn't specify exact repair timeframes, landlords must respond within a reasonable time. If repairs aren't made, tenants may pursue legal remedies including rent withholding (after proper notice), repair and deduct remedies, or lease termination.

What notice is required for landlord entry in West Virginia?

Under West Virginia law, landlords must provide reasonable notice before entering a rental unit for non-emergency matters. While the state doesn't specify exact notice periods, 24 hours is generally considered reasonable. Entry must be at reasonable times (typically during business hours unless otherwise agreed). Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. The notice should specify the purpose and approximate time of entry. Tenants cannot unreasonably withhold consent to enter. The law protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Emergency situations may justify immediate entry without notice.

What are the rules for rent increases in West Virginia?

In West Virginia, landlords must provide at least 30 days' written notice before any rent increase for month-to-month tenancies. For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. The notice must be in writing and properly delivered to the tenant. Rent increases cannot be retaliatory or discriminatory. West Virginia does not have rent control laws, but any rent increase must be reasonable and comply with the terms of the lease agreement. For fixed-term leases, any rent increase during the lease term must be explicitly allowed in the original lease agreement. Landlords cannot increase rent as retaliation for tenants exercising their legal rights.

What are my rights regarding repairs in West Virginia?

Under West Virginia Code §37-6-30, tenants have the right to: 1) A habitable living space that meets building, housing, and health codes, 2) Written notice to landlord of needed repairs, 3) Reasonable response time for repairs. If the landlord fails to make necessary repairs after proper notice, tenants may: 1) Withhold rent until repairs are made (must be done properly), 2) Make repairs and deduct the cost from rent (must follow proper procedures), 3) File a complaint with local housing authorities, 4) Break the lease without penalty if the unit becomes uninhabitable. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Any self-help remedies must be exercised carefully to avoid legal complications.

What are West Virginia's requirements for smoke detectors?

West Virginia Code §29-3-16a requires working smoke detectors in all rental properties. Requirements include: 1) At least one smoke detector outside each sleeping area, 2) At least one smoke detector on each floor, 3) Carbon monoxide detectors required in units with fuel-burning appliances or attached garages. Landlords must: 1) Install and maintain working detectors, 2) Ensure detectors are operational at the start of tenancy, 3) Replace non-functioning detectors when notified, 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors and replacing batteries. Tampering with detectors is prohibited and may result in fines or criminal charges. Local fire codes may have additional requirements.

What disclosures are required from West Virginia landlords?

West Virginia landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection documentation • Building code violations • Fire safety and protection information • Carbon monoxide and smoke detector locations • Flood hazard areas (if applicable) • Previous methamphetamine contamination • Emergency/maintenance contact information • Foreclosure status • Required insurance coverage • Any local rental regulations. While West Virginia law doesn't mandate as many specific disclosures as some states, landlords must still provide all information necessary for tenants to safely and effectively use the rental property.

What are the rules about security deposit deductions in West Virginia?

Under West Virginia law, landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease agreement. Landlords must return the deposit within a reasonable time after move-out (typically within 30-60 days) along with an itemized list of any deductions. Security deposits cannot exceed two months' rent. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to return the deposit or provide an itemized list of deductions within a reasonable time, tenants may be entitled to recover the full deposit amount through legal action. The landlord should provide a move-in condition report at the start of tenancy.

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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.