West Virginia Landlord Tenant Law
Updated West Virginia landlord tenant law guide for homeowners and renters: Find out how the West Virginia Landlord Tenant Code can help you.
WV Landlord Tenant Law:
- West Virginia Code Chapter 37, Article 6 - Landlord and Tenant
- West Virginia Code Chapter 37, Article 6A - Residential Rental Security Deposit
- West Virginia Code Chapter 55, Articles 3A - Relief for Wrongful Occupation
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.
Tenant Application
Background and Credit Check
You can screen tenant applicants with a background check or full credit report from RentPrep.
A background check will show a person's history of addresses, evictions, bankruptcies, judgments and liens.
A full credit report comes with a basic background check, credit check plus criminal check. A basic background check shows a person's history of addresses, evictions and bankruptcies.
Landlords do not need the tenant or applicant's consent to run background and credit checks. Fair Credit Reporting Act § 604(a)(3)(F)
Avoiding Discrimination
The Fair Housing Act disallows landlords from discriminating against prospective renters based on their race, color, religion, sex, *familial status, national origin or physical/mental handicap. 42 U.S.C. § 3604
*Familial status - pregnant women and families with person(s) under 18.
In addition, West Virginia landlord tenant law forbids landlords from discriminating renters because of blindness or ancestry. W. Va. Code § 5-11A-5.(a)
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Tenancy Agreement
(also known as a lease agreement or rental agreement)
Whether you're a landlord or tenant, it's important to have a written lease agreement with terms and conditions that favors you and follows your state laws.
To save time and avoid mistakes, you can customize your own lease agreement at LawDepot. This site will ask you a set of questions related to your tenancy and create a state-specific agreement based on your answers.
Required for Tenancy Agreement
West Virginia landlord tenant law requires all tenancy agreements to contain the following details:
- Disclosure and information of lead-based paint in the property (for housing built before 1978)
Disallowed for Tenancy Agreement
According to West Virginia landlord tenant law, your lease agreement CANNOT:
- make the tenant give up any legal rights or remedies under the West Virginia Security Deposit Act W. Va. Code § 37-6A-4
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Security Deposit
The landlord can ask for non-refundable application or pet fee as long as the tenant agrees to it in the written rental agreement. W. Va. Code § 37-6A-1.(14)
There are no West Virginia landlord tenant laws on security deposit holding methods and security deposit interest.
Deductions and Returns
West Virginia landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions.
Valid reasons for security deposit deductions under West Virginia landlord tenant law W. Va. Code § 37-6A-2.(b) include:
- Rent owed and late rent fees
- Property damage due to tenant violating the rental agreement
- Utility bills owed by the tenant (that the landlord ended up paying for)
- Moving and storage costs of the tenant's abandoned belongings
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use. W. Va. Code § 37-6A-2.(a)(2)
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 60 days (45 days if a new tenant is moving into the property before that). This list has to individually account for all damages and rent owed in writing.
This deadline is shortened to days if the property is being This deadline is 45 days if the rental unit is occupied by a subsequent tenant. W. Va. Code § 37-6A-1.(7)
If the security deposit isn't enough to pay for property damages and a contractor has to be hired for repairs, the landlord has to inform the tenant in writing. In this case, the landlord has additional 15 days to give the tenant an itemized list of damages and repair costs. W. Va. Code § 37-6A-2.(C)
If the landlord deliberately fails to follow West Virginia landlord tenant law for deducting and returning security deposit, the tenant can recover 1.5 times the amount of deposit wrongfully withheld. W. Va. Code § 37-6A-5
After the lease terminates, the landlord has to keep records of all security deposit deductions for at least one year. If the tenant or tenant's agent request for this record, the landlord shall give the tenant or tenant's agent a copy within 72 hours. W. Va. Code § 37-6A-3
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Charleston, West Virginia WV
Rent
Late Rent
There are no WV landlord tenant laws on imposing charges for late rent payments.
Raising Rent
There are no specific West Virginia landlord tenant statutes on raising rent.
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Property Maintenance
Landlord Duties and Responsibilities
The West Virginia Landlord Tenant Act W. Va. Code § 37-6-30 requires the landlord to maintain the property in a safe and habitable condition:
- Delivery: Deliver the property to the tenant in habitable condition
- Obey all health, safety, fire and housing codes
- Common Areas: Keep all common areas clean and safe (for multiple housing units)
- Repairs: Make all repairs to keep the property safe and habitable (except for damage due to negligence, misuse or abuse by tenant or related person)
- Maintenance: Maintain all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, kitchen facilities in safe working condition
- Waste Disposal: Provide outlets for waste disposal (for multiple housing units)
- Heating: Supply running water, hot water and heating between 1 Oct and 30 Apr
The landlord isn't required to perform the above duties if the tenant is late in paying rent. W. Va. Code § 37-6-30.(c)
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Property Access
There are no West Virginia landlord tenant statutes on when and how the landlord can enter the property.
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Subletting
There are no specific West Virginia landlord tenant laws on subletting.
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Morgantown, West Virginia WV
Termination of Tenancy
Number of Days for Notice to Quit
Before terminating a tenancy, West Virginia landlord tenant law W. Va. Code § 37-6-5 requires you to give the other party a written notice to quit in advance:
|
Week to week tenancy |
1 week |
|
Month to month tenancy |
1 month |
|
Year to year tenancy |
3 months |
TENANT
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
|
Property damage due to fire, disaster or unavoidable accident |
See below |
Property Damage Due to Fire, Disaster or Unavoidable Accident
If the property is damaged by fire, disaster or unavoidable accident (that is no fault of the tenant or related people), the rent amount shall be lowered based on how much of the property is still livable. W. Va. Code § 37-6-28
The landlord has to repair the property damage within a reason amount of time. If the landlord fails to do so, the tenant can terminate the rental agreement.
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Eviction
According to West Virginia landlord tenant law W. Va. Code § 55-3A-1, the landlord may evict the tenant from the property for the following reasons:
- Tenant did not pay rent on time
- Tenant violated tenancy agreement or didn't perform duties
- Tenant caused (or allowed others to cause) property damage due to abuse or negligence
Unlike most states, the landlord does NOT have to give the tenant a written notice to quit before filing an eviction lawsuit. After the lawsuit is filed, there will be a court hearing within five to ten days.
Once the time and place for the court hearing is fixed, the landlord shall send the tenant a written notice stating that the tenant has to submit any eviction defense to the landlord in writing within five days.
Whether you are a landlord evicting someone or a tenant facing eviction, it's important that you handle matters correctly according to your state laws.
If you have any questions or doubts on eviction, you can ask a local landlord tenant lawyer online.
Unlawful Eviction
The landlord CANNOT force the tenant to move out by shutting off
utilities (electricity, water, gas, sanitation), changing the locks,
taking the tenant's belongings or taking possession of the property by
force without a court hearing.
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Abandonment
When is it Abandonment?
If the tenant abandoned the property owing rent, the landlord or landlord's agent shall post a written notice at (a highly visible part of) the property stating that the tenant must pay all rent owed within one month. If rent isn't paid within one month, the tenancy shall terminate and the landlord can regain possession of the property. In this case, the tenant shall have to pay rent up to the termination date. W. Va. Code § 37-6-6.(a)
Dealing with Abandoned Belongings
Once the landlord has regained possession of the property, the landlord shall give the tenant a written abandonment notice stating the following:
- Property is considered abandoned
- Tenant has 30 days to remove his or her abandoned belongings from the property or storage
- If abandoned belongings aren't removed within 30 days, they shall become the landlord's possessions
The landlord has to post this notice at a highly visible part of the property AND send a second copy (in an envelope labelled " Please Forward") by first class mail to the rental unit. If landlord knows the tenant's P.O. box or forwarding address, the landlord has to send a third copy to there too. W. Va. Code § 37-6-6
If the belongings are worth more than $300, the landlord has to give the tenant 30 additional days to remove them IF the tenant informs the landlord that he or she intends to remove the belongings and is willing to pay for their moving and storage costs. W. Va. Code § 37-6-6.(e)
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Resources
West Virginia Landlord Tenant Law:
- Landlord Tenant Act: West Virginia Code Chapter 37, Article 6
- Security Deposit: West Virginia Code Chapter 37, Article 6A
- Eviction - West Virginia Code Chapter 55, Article 3A-1
West Virginia Landlord Tenant Handbook: Tenant's Guide to Eviction in West Virginia
If you have any questions or need legal advice, you can ask a local landlord tenant lawyer online.