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West Virginia Landlord Tenant Law

West Virginia Landlord Tenant Law


West Virginia’s Landlord Tenant Law is found in the West Virginia Code, Chapter 37, Article 6. It lays out the rules and regulations governing the relationship between landlords and tenants in the state. This article takes a closer look at these laws and provides updated information on the topic.

Overview of Landlord Tenant Laws:

The West Virginia Landlord Tenant Law covers a variety of rules and regulations, including security deposits, rent, evictions, repairs, and more. The following are some of the most important sections of the law.

Security Deposits:

Under the West Virginia Landlord Tenant Law, landlords are permitted to charge a security deposit. The deposit can be no more than two months’ rent. Within 60 days of the tenant moving out, the landlord must either return the deposit or provide the tenant with a written statement of how the deposit was used. If a tenant is evicted, the landlord must return the deposit within 30 days.


Landlords in West Virginia are required to provide tenants with a written lease agreement. Rent can be increased by the landlord as long as there is a provision in the lease agreement allowing for it. Tenants must be given at least 30 days’ notice before any rent increase takes effect.


To evict a tenant in West Virginia, landlords must follow a specific legal process. They must provide the tenant with a written notice of eviction and state the reason for the eviction. If the tenant does not vacate the premises, the landlord can file a lawsuit with the court and request a hearing. If the court decides in favor of the landlord, then the tenant will have to leave the property.


Landlords in West Virginia are required to maintain safe and livable conditions for tenants. They must also make repairs in a timely manner. If a landlord fails to make necessary repairs, the tenant can file a complaint with the appropriate state agency. If the landlord still does not make the repairs, the tenant may be able to break the lease and move out without penalty.


West Virginia Landlord Tenant Law prohibits landlords from discriminating against tenants based on race, color, national origin, religion, sex, familial status, or disability. If a tenant believes they have been discriminated against, they can file a complaint with the state’s Human Rights Commission.

Additional Laws:

There are additional landlord-tenant laws in West Virginia that govern topics such as:

– Landlord’s access to the rental unit
– Termination of the lease
– Abandoned property
– Late fees and bounced check fees
– Service of notices and claims


As a landlord or tenant in West Virginia, it’s important to know the state’s Landlord Tenant Law. These laws dictate the rules and regulations that govern your relationship with each other. Knowing your rights and responsibilities can help you avoid disputes and protect yourself in the event of a conflict. It is always important to stay up to date with any changes in West Virginia’s Landlord-Tenant laws by referring to government resources such as the West Virginia Code, as it remains the primary source of information on the topic.

Quick Guide to WV Landlord/Tenant Law 

Sources for West Virginia Landlord/Tenant Law

There are two public resources that provide valuable information about some of the most important West Virginia landlord/tenant laws: the Huntington Human Relations Commission and the state’s revised code.  A large amount of information about a specific West Virginia landlord/tenant laws in this article is referenced from the revised code, but you can find more information about other WV landlord/tenant law at the following link under the HHRC:

Landlord’s Maintenance under West Virginia Landlord/Tenant Law

West Virginia landlord/tenant laws for maintenance from the landlord are provided under §37-6-30.  This particular section of West Virginia landlord/tenant law states a landlord is responsible for all of the following:

• render and deliver the unit and surrounding premises in fit and habitable condition while providing maintenance when needed according to other WV landlord/tenant law

• maintain the property to meet all requirements under West Virginia landlord/tenant law as well as applicable health, fire, and housing codes

• keep all common areas within multiple housing units clean, safe, and in repair

• make all repairs as necessary to the WV landlord/tenant law unless the damages were a direct result of the tenants negligence or direct fault

• maintain and keep all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other appliances safe (including elevators)

• provide and maintain all trash receptacles for ashes, garbage, rubbish, and other trash

• provide running water, reasonable amounts of hot water, and reasonable amounts of heat between October and the last day of April unless a lease in accordance with West Virginia landlord/tenant laws provides the renter must provide such services

Tenant’s Responsibilities under West Virginia Landlord/Tenant Law

There are no specific West Virginia landlord/tenant laws that address certain tenant responsibilities.  A tenant must regard all factors established within a lease according to WV landlord/tenant law, and generally, a tenant is responsible for the following:

• comply with all state and local housing codes under West Virginia landlord/tenant law that affect health and safety

• keep the premises as clean and safe as the property allows, and return the premises to the landlord in the same condition as when the tenant moved except for normal wear and tear according to WV landlord/tenant law

• dispose of all trash in a clean and safe manner

• keep plumbing fixtures clean and in working condition

• use all utilities correctly

• keep from deliberately destroying or allowing anyone else to destroy property

• keep from disturbing neighbors’ peace and sounds laws according to local West Virginia landlord/tenant law

There are other duties as far as rent under West Virginia landlord/tenant laws, and these requirements are located in the state’s revised code.

Termination of Tenancy in Regard to West Virginia Landlord/Tenant Laws

According to §37-6-5 of the WV landlord/tenant law, either party must give a notice of termination three months before the end of a year-long lease.  This West Virginia landlord/tenant law does not apply in certain situations though.

For more information on WV landlord/tenant law, visit the article on this website titled, “Quick Guide to WV Tenant Rights.”   You will find information about West Virginia landlord/tenant laws on security deposits, unlawful entrance, and more.