West Virginia Landlord-Tenant Law
The rules for renting in West Virginia — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for West Virginia
- Security deposit limit
- No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2
- Deposit return deadline
- Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period')
- Notice for unpaid rent
- No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a)
- Ending a month-to-month lease
- Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year. W. Va. Code § 37-6-5
- Landlord entry notice
- No statute W. Va. Code ch. 37, art. 6 (no entry-notice section)
- Rent control / increase limits
- No state rent control law. No enacted statewide preemption of local rent control was found in the code. W. Va. Code § 37-6-9 (current text contains no rent-control provision)
Last verified against official sources: 2026-10-22
Security Deposits in West Virginia
| Security deposit limit | No statutory cap on the amount of a security deposit. Neither the definitions section nor the security-deposit section sets a maximum. A pet fee or application fee is not a security deposit (and can be nonrefundable) only if the parties expressly agree in writing that it is nonrefundable (§ 37-6A-1). Source: W. Va. Code §§ 37-6A-1, 37-6A-2 |
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| Deposit return deadline | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. If damage exceeds the deposit and a third-party contractor is needed, the landlord must give written notice within the notice period and then has an additional 15 days to provide the itemization of damages and repair cost (§ 37-6A-2(c)). |
| Itemized deductions | Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. Records rule: https://code.wvlegislature.gov/37-6A-3/ |
| Penalty for withholding | If the violation is willful or not in good faith, tenant recovers the unreturned deposit plus damages equal to 1.5 times the amount wrongfully withheld; any award is credited against rent the tenant owes. The tenant does not get an automatic credit of the deposit against unpaid rent (§ 37-6A-2(d)). Source: W. Va. Code § 37-6A-5(a) |
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Eviction in West Virginia
| Notice for unpaid rent | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. The lease itself may require a notice or cure period. Post-filing, the tenant must be served notice of the hearing (Rule 4 service or certified mail, return receipt requested). Source: W. Va. Code § 55-3A-1(a) |
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| Notice for lease violations | No pre-filing notice required by statute for summary relief based on breach of a warranty or leasehold covenant, or on deliberate/negligent damage to the property. Check the lease for any contractual notice/cure requirement. Source: W. Va. Code § 55-3A-1(a) |
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Notice to Vacate in West Virginia
| Ending a month-to-month lease | Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year. Does not apply if a special agreement sets a different notice period or the tenancy is for a fixed term. A 2026 bill (HB 4570) that would have allowed service by posting on the rental property passed the House but was not taken up by the Senate before the 2026 regular session ended, so it did not become law (https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4570&year=2026&sessiontype=RS&btype=bill). Source: W. Va. Code § 37-6-5 |
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Landlord Entry in West Virginia
| Landlord entry notice | No statute No section on landlord entry or advance notice appears in Art. 6 or Art. 6A. Entry terms are governed by the lease. |
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Repairs & Habitability in West Virginia
| Repair and deduct | No statute authorizes repair-and-deduct. Landlord must deliver and maintain the unit in fit and habitable condition, comply with health/safety/fire/housing codes, keep facilities working, and supply running water, reasonable hot water, and reasonable heat from October 1 through the end of April. The statute does not require repairs while the tenant is in arrears on rent. Any common-law self-help remedy was not verified from an official source. Source: W. Va. Code § 37-6-30 |
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| Withholding rent | No statute authorizes withholding rent. In a rent-arrears eviction, the tenant may raise the landlord's material breach (e.g., violation of the warranty of habitability) as a defense, which entitles the tenant to a hearing. The official magistrate court answer form (rev. 03/04/2026) lists 'premises are defective and violate the warranty of habitability' as a defense: https://www.courtswv.gov/sites/default/pubfilesmnt/2026-03/MLTAWWO.pdf. A tenant who gets a continuance must pay rent that comes due into court. |
| Retaliation protection | No retaliation statute with protected-act list or presumption period. Retaliatory eviction is a recognized defense: the official answer form lists 'action was filed in retaliation for complaints I made about the premises', and § 55-3A-3(g) preserves possession on appeal in retaliatory-eviction cases. No statutory presumption period. |
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Rent Increases & Late Fees in West Virginia
| Rent control / increase limits | No state rent control law. No enacted statewide preemption of local rent control was found in the code. Preemption bills were introduced (2024 SB 497, 2025 SB 168 amending § 37-6-9, 2025 HB 3435), but the current § 37-6-9 text contains no rent-control prohibition. Enactment not found. |
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| Late fees | No statutory cap No late-fee section appears in the landlord-tenant articles reviewed. Source: W. Va. Code ch. 37, art. 6 |
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Squatters & Abandoned Property in West Virginia
| Squatters / unauthorized occupants | Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. Text read from official code PDFs (code.wvlegislature.gov/pdf/55-3C-1/ through 55-3C-5/). Enacted as 2025 HB 2434 (enrolled committee substitute). Squatting is trespass under §61-3B-2 or 61-3B-3. |
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| Belongings left behind | If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. Source: W. Va. Code § 37-6-6 |
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Rental Fees in West Virginia
| Application / screening fees | No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. No application-fee refund timeline or portable screening report law found in art. 6A. Source: W. Va. Code § 37-6A-1(2), (14) |
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| Other rental fees | No general junk-fee statute. Pet fees and application fees are excluded from the security deposit only if expressly agreed in writing to be nonrefundable. Deposits may cover late charges only if specified in the rental agreement and reasonable. |
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Mold, Pests, Heat & AC in West Virginia
| Mold | No statute — West Virginia's landlord-tenant law does not mention mold and sets no disclosure or remediation rule. Mold is governed by the general duty to deliver and maintain the unit in a fit and habitable condition, to meet applicable health, safety, fire and housing codes, and to make repairs needed to keep it habitable — unless the problem was caused by the tenant, family or guests' lack of reasonable care. The landlord need not make repairs while the tenant is behind on rent. Local housing or health codes may address mold. |
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| Pests & bed bugs | No statute — no pest or bed-bug provision in the landlord-tenant chapter. Infestations are handled under the fit-and-habitable duty and applicable health and housing codes; the landlord's duty does not extend to conditions caused by the tenant, family members or guests, or to repairs while rent is in arrears. Source: W. Va. Code § 37-6-30 |
| Heat | Yes. For units served by direct public utility connections, the landlord must supply reasonable heat between October 1 and the last day of April (plus running water and reasonable hot water at all times), unless heat is generated by an installation within the tenant's exclusive control. The landlord must also keep heating facilities it supplies in good and safe working order. No minimum temperature is set by state law. A lease that imposes a greater duty on the landlord controls (§ 37-6-30(b)). |
| Air conditioning | No duty to provide air conditioning and no maximum indoor temperature. If air conditioning is supplied (or required by agreement or law), the landlord must maintain it in good and safe working order. Source: W. Va. Code § 37-6-30(a)(5) |
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Privacy, Guests & Animals in West Virginia
| Cameras & privacy | No landlord-specific statute. Criminal invasion of privacy: knowingly photographing, filming or digitally recording another person without that person's knowledge while the person is fully or partially nude in a place where a reasonable person would expect privacy is a misdemeanor (up to 1 year and $5,000); a second offense is a felony. West Virginia is a one-party consent state for audio interception. § 61-8-28 was amended in 2024 (H.B. 5516). Interception statute: https://code.wvlegislature.gov/62-1D-3/. The landlord-tenant chapter has no general notice-of-entry statute; the lease governs entry. |
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| Guests & occupants | No statute — no statewide occupancy limit or guest rule; the lease governs. The landlord's code-compliance and repair duties do not cover problems caused by a member of the tenant's family or other person on the premises with the tenant's consent. Since 2024, a 'squatter' (a person occupying a unit without a rental agreement and without the tenant's authorization) is not covered by the landlord-tenant article, and courts may not require eviction proceedings to remove one. § 37-6-31 was amended by H.B. 4940 (2024). A tenant holding over in a periodic tenancy is not a squatter. |
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How eviction works in West Virginia
Eviction cases are heard in: Magistrate court (or circuit court) of the county where the property is located.
- No statutory pre-filing notice required for summary relief based on rent arrears, lease breach, or damage (W. Va. Code § 55-3A-1)
- Owner or agent files a verified petition for summary relief for wrongful occupation of residential rental property
- Court sets a hearing 5 to 10 judicial days after filing; tenant is served by Rule 4 service or certified mail, return receipt requested
- Tenant may file and serve a written defense within 5 days of receiving the notice; a jury demand must be made within 5 days of service
- If the tenant files no answer or appearance, the court grants immediate possession; otherwise a hearing is held on the tenant's defenses
- Order grants possession and sets the date the tenant must vacate
- If the tenant stays past that date, the sheriff removes the tenant
Hearing 5–10 judicial days after the petition is filed; written defense may be filed and served within 5 days of the tenant's receipt of notice (as amended by 2025 HB 3272).
Source: W. Va. Code §§ 55-3A-1, 55-3A-3
What surprises people about West Virginia rental law
- Deposit refund clock is the SHORTER of 60 days after termination or 45 days after a new tenant moves in (W. Va. Code §§ 37-6A-1, 37-6A-2)
- Bad-faith deposit withholding costs the landlord 1.5x the amount wrongfully withheld, on top of the deposit itself (W. Va. Code § 37-6A-5)
- Landlords need not make repairs while the tenant is behind on rent (W. Va. Code § 37-6-30)
- Landlord must supply reasonable heat from October 1 through the end of April where utilities come through direct public connections (W. Va. Code § 37-6-30)
- Eviction hearings are set only 5–10 judicial days after filing (W. Va. Code § 55-3A-1)
- A tenant who gets a continuance must pay accruing rent into court (W. Va. Code § 55-3A-3)
- Belongings left after the vacate date may be stored and, after 30 days with unpaid storage costs, disposed of (W. Va. Code § 55-3A-3(h)-(i))
Federal law that also applies in West Virginia
These federal rules apply on top of West Virginia law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
For landlords
How to evict a tenant in West Virginia — steps, cost, timeline and forms.
Common West Virginia questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How West Virginia compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) |
| Ohio | No statutory cap Ohio Rev. Code § 5321.16 | Within 30 days after the rental agreement ends and possession is delivered, the landlord must send the itemized written notice of deductions together with the amount due. Ohio Rev. Code § 5321.16(B) | 3-day written notice to leave the premises before filing an eviction (forcible entry and detainer) action. The residential notice must conspicuously state: "You are being asked to leave the premises. If you do not leave, an eviction action may be initiated against you. If you are in doubt regarding your legal rights and obligations as a tenant, it is recommended that you seek legal assistance." Ohio Rev. Code § 1923.04 |
| Pennsylvania | First year of the lease: no more than 2 months' rent. Second and later years (or any renewal): no more than 1 month's rent. After 5+ years of tenancy, a rent increase cannot require a higher deposit. Landlord and Tenant Act § 511.1 (68 P.S. § 250.511a) | 30 days after the lease ends or the tenant surrenders the premises (whichever comes first). Act § 512(a) (68 P.S. § 250.512(a)) | 10-day written notice to quit. Act § 501(b) (68 P.S. § 250.501(b)) |
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) |
West Virginia landlord-tenant FAQ
How much can a landlord charge for a security deposit in West Virginia?
No statutory cap on the amount of a security deposit. (W. Va. Code §§ 37-6A-1, 37-6A-2)
How long does a landlord have to return a security deposit in West Virginia?
Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. (W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period'))
Does a landlord in West Virginia have to give an itemized list of deposit deductions?
Landlord must give the tenant a written itemization of any damages or charges deducted from the deposit. Landlord must keep itemized deduction records for 1 year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request. (W. Va. Code §§ 37-6A-2(a), 37-6A-3)
What happens if a landlord in West Virginia wrongfully keeps a security deposit?
If the violation is willful or not in good faith, tenant recovers the unreturned deposit plus damages equal to 1.5 times the amount wrongfully withheld; any award is credited against rent the tenant owes. (W. Va. Code § 37-6A-5(a))
How much notice does a landlord have to give before evicting for unpaid rent in West Virginia?
No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. (W. Va. Code § 55-3A-1(a))
How much notice is required to evict for a lease violation in West Virginia?
No pre-filing notice required by statute for summary relief based on breach of a warranty or leasehold covenant, or on deliberate/negligent damage to the property. (W. Va. Code § 55-3A-1(a))
How much notice is needed to end a month-to-month lease in West Virginia?
Either party: written notice for one full rental period before the end of a period (i.e., one full month for month-to-month). Year-to-year: written notice at least 3 months before the end of the year. (W. Va. Code § 37-6-5)
Can a landlord enter without notice in West Virginia?
No statute (W. Va. Code ch. 37, art. 6 (no entry-notice section))
Is there a limit on late fees in West Virginia?
No statutory cap (W. Va. Code ch. 37, art. 6)
Can a tenant repair and deduct from rent in West Virginia?
No statute authorizes repair-and-deduct. Landlord must deliver and maintain the unit in fit and habitable condition, comply with health/safety/fire/housing codes, keep facilities working, and supply running water, reasonable hot water, and reasonable heat from October 1 through the end of April. (W. Va. Code § 37-6-30)
Can a tenant withhold rent for repairs in West Virginia?
No statute authorizes withholding rent. In a rent-arrears eviction, the tenant may raise the landlord's material breach (e.g., violation of the warranty of habitability) as a defense, which entitles the tenant to a hearing. (W. Va. Code § 55-3A-3; Magistrate Court form MLTAWWO (Answer))
Can a landlord retaliate against a tenant for complaining in West Virginia?
No retaliation statute with protected-act list or presumption period. Retaliatory eviction is a recognized defense: the official answer form lists 'action was filed in retaliation for complaints I made about the premises', and § 55-3A-3(g) preserves possession on appeal in retaliatory-eviction cases. (W. Va. Code § 55-3A-3(g); Magistrate Court form MLTAWWO)
Is there rent control or a limit on rent increases in West Virginia?
No state rent control law. No enacted statewide preemption of local rent control was found in the code. (W. Va. Code § 37-6-9 (current text contains no rent-control provision))
What is the small claims court limit in West Virginia for a deposit dispute?
$20,000 (magistrate court civil jurisdiction, excluding interest and costs) (W. Va. Code § 50-2-1)
How do you remove a squatter in West Virginia?
Under the 2025 'Stop Squatters Act' (HB 2434), a squatter (a person occupying a dwelling or structure without a lease right or the tenant's or owner's authorization; not a holdover periodic tenant or owner) is not a tenant, squatting is criminal trespass, and courts may not require an eviction. An owner or agent may submit a completed, verified complaint to a law-enforcement officer requesting immediate removal if the property was not open to the public at entry, the owner told the occupant to leave, the occupant is not a current or former owner or lawful tenant or an immediate family member, and no related litigation is pending. After preliminary fact-finding (e.g., reviewing any claimed lease, interviews) shows probable cause, the agency serves a notice to immediately vacate and puts the owner in possession, and may remove occupants who refuse or stand by during removal of belongings; a service fee applies. Squatters who cause damage commit a misdemeanor (under $1,000: up to 1 year/$2,500) or felony (over $1,000). Bad-faith complaints risk prosecution for false swearing; a wrongfully removed person may sue for possession, costs, damages and attorney's fees. (W. Va. Code §§ 55-3C-1 to 55-3C-5)
What can a landlord do with a tenant's abandoned property in West Virginia?
If a tenant behind on rent abandons the unit, the landlord posts a written notice on the property requiring payment within one month; if unpaid, the landlord may take possession. To dispose of belongings, the landlord must post a written notice on the property and send it by first-class mail with a certificate of mailing, marked 'Please Forward', to the unit, any known P.O. box, and any forwarding address. The notice must say the property is considered abandoned, that belongings must be removed by a date at least 30 days after mailing (60 days if the tenant said they are on active military duty), and that unremoved property becomes the landlord's. If the property is worth more than $300 and the tenant or a secured party says they intend to remove it, the landlord must store it up to 30 more days, at their cost for reasonable storage and removal. (W. Va. Code § 37-6-6)
Is there a limit on rental application fees in West Virginia?
No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. (W. Va. Code § 37-6A-1(2), (14))
What rental fees are banned or limited in West Virginia?
No general junk-fee statute. Pet fees and application fees are excluded from the security deposit only if expressly agreed in writing to be nonrefundable. Deposits may cover late charges only if specified in the rental agreement and reasonable. (W. Va. Code § 37-6A-1(14); § 37-6A-2(b)(1))
What does a West Virginia notice to pay rent or quit have to include?
No statutory pre-filing notice is required for nonpayment; the landlord may file a verified petition for summary relief in magistrate or circuit court (the lease may require notice). After filing, the tenant must be served with notice of the hearing. (W. Va. Code § 55-3A-1)
What does a West Virginia notice to end a month-to-month tenancy have to include?
A periodic tenancy of less than a year may be ended by notice for one full rental period before the end of any period (or by written notice like that for year-to-year tenancies); year-to-year tenancies need written notice at least 3 months before the end of the year stating the intent to terminate. A landlord's notice may be served on the tenant or on anyone holding the premises under the tenant; a tenant's notice on any owner, the owner's agent, or as at common law. A lease may set another notice period or waive notice; no notice is needed for a fixed term that ends on a set date. (W. Va. Code § 37-6-5)
What must a West Virginia security deposit itemization include?
Within the notice period (60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter), the landlord must deliver the deposit minus deductions with a written itemization of damages or other charges. If damages exceed the deposit and require a third-party contractor, the landlord must give written notice of that within the period and then has 15 more days to itemize damages and repair costs. Delivery is personal or by mail to the last known or forwarding address; if mail is returned and personal delivery is not possible, the landlord holds it 6 months for pickup within 72 hours of a written request. Landlords must keep itemized deduction records for one year and allow inspection or give a copy within 72 hours of a written request. Willful or bad-faith noncompliance: the unreturned deposit plus 1.5 times the amount wrongfully withheld. (W. Va. Code §§ 37-6A-1(7), 37-6A-2(a), (c), (g), 37-6A-3, 37-6A-5)
How long does a landlord have to sue for unpaid rent in West Virginia?
10 years for an action on a contract in writing signed by the party to be charged (or the party's agent), or under seal (written lease). 5 years for any other contract, express or implied (oral lease). (W. Va. Code § 55-2-6)
Can a landlord accept rent during an eviction in West Virginia?
No statute addresses whether accepting full or partial rent after a notice waives an eviction. Related rule for ejectment/unlawful detainer based on a rent forfeiture: if anyone with a claim to the premises pays or tenders to the landlord (or the landlord's attorney), or pays into court, all rent and arrears with interest and costs at any time before trial, all further proceedings in the action stop. (W. Va. Code § 37-6-23; ch. 37, art. 6 and ch. 55, art. 3A (checked))
Can you be evicted in the winter in West Virginia?
No statute — West Virginia landlord-tenant law (ch. 37, art. 6) and the summary eviction article (ch. 55, art. 3A) contain no winter or cold-weather limit on evictions or landlord utility shutoffs. (W. Va. Code ch. 37, art. 6; ch. 55, art. 3A (checked))
Can a landlord give notice by text or email in West Virginia?
A notice to terminate a periodic tenancy must be in writing and may be served on the tenant or on anyone holding the premises (or part of them) under the tenant. For the summary eviction petition, the landlord must serve notice of the hearing under Rule 4 of the W. Va. Rules of Civil Procedure or by certified mail, return receipt requested. No statute authorizes e-mail or text notices. (W. Va. Code § 37-6-5; § 55-3A-1(c))
How much notice is required for a rent increase in West Virginia?
No statute — West Virginia sets no rent-increase notice requirement; the lease governs. A periodic tenancy (e.g., month-to-month) can be ended by written notice of one full period before the end of a period (year-to-year: 3 months before the end of the year), unless the lease fixes another notice period. (W. Va. Code § 37-6-5; ch. 37, art. 6 (checked))
Does a landlord have to give a copy of the lease in West Virginia?
No statute — West Virginia law does not require the landlord to give the tenant a copy of the signed lease or an owner/agent identity disclosure at move-in. (W. Va. Code ch. 37, art. 6 and art. 6A (checked by section titles))
What are tenants' rights in a foreclosure in West Virginia?
No state statute specifically protecting tenants in foreclosure was found; the federal PTFA (90-day notice; bona fide leases honored to term, with exceptions) applies. On a transfer of the property, the tenant keeps against the new owner the benefit of any condition, covenant or promise in the lease that it had against the original landlord (except warranty), and the new owner gets the landlord's rights under the lease. (W. Va. Code §§ 37-6-1, 37-6-2)
Does a landlord have to fix mold in West Virginia?
No statute — West Virginia's landlord-tenant law does not mention mold and sets no disclosure or remediation rule. Mold is governed by the general duty to deliver and maintain the unit in a fit and habitable condition, to meet applicable health, safety, fire and housing codes, and to make repairs needed to keep it habitable — unless the problem was caused by the tenant, family or guests' lack of reasonable care. The landlord need not make repairs while the tenant is behind on rent. (W. Va. Code § 37-6-30(a)(1)-(2), (4), (c))
Who pays for pest control and bed bugs in West Virginia?
No statute — no pest or bed-bug provision in the landlord-tenant chapter. Infestations are handled under the fit-and-habitable duty and applicable health and housing codes; the landlord's duty does not extend to conditions caused by the tenant, family members or guests, or to repairs while rent is in arrears. (W. Va. Code § 37-6-30)
Does a landlord have to provide heat in West Virginia?
Yes. For units served by direct public utility connections, the landlord must supply reasonable heat between October 1 and the last day of April (plus running water and reasonable hot water at all times), unless heat is generated by an installation within the tenant's exclusive control. The landlord must also keep heating facilities it supplies in good and safe working order. No minimum temperature is set by state law. (W. Va. Code § 37-6-30(a)(5), (a)(7))
Does a landlord have to provide air conditioning in West Virginia?
No duty to provide air conditioning and no maximum indoor temperature. If air conditioning is supplied (or required by agreement or law), the landlord must maintain it in good and safe working order. (W. Va. Code § 37-6-30(a)(5))
What can a landlord deduct from a deposit for cleaning or damage in West Virginia?
Not defined by statute. A security deposit may be applied only to rent due (and lease-specified late charges), damages from the tenant's noncompliance with the lease 'less reasonable wear and tear,' unpaid tenant utilities the landlord paid, reasonable removal and storage of the tenant's property, and other damages or charges provided in the rental agreement (including third-party repair contractors). Deductions must be itemized in writing within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter. Cleaning, painting and carpet are not specifically addressed. (W. Va. Code § 37-6A-1(7); § 37-6A-2(a)-(c))
Can a landlord put cameras in or around a rental in West Virginia?
No landlord-specific statute. Criminal invasion of privacy: knowingly photographing, filming or digitally recording another person without that person's knowledge while the person is fully or partially nude in a place where a reasonable person would expect privacy is a misdemeanor (up to 1 year and $5,000); a second offense is a felony. West Virginia is a one-party consent state for audio interception. (W. Va. Code § 61-8-28; § 62-1D-3(e))
Can a landlord limit guests or roommates in West Virginia?
No statute — no statewide occupancy limit or guest rule; the lease governs. The landlord's code-compliance and repair duties do not cover problems caused by a member of the tenant's family or other person on the premises with the tenant's consent. Since 2024, a 'squatter' (a person occupying a unit without a rental agreement and without the tenant's authorization) is not covered by the landlord-tenant article, and courts may not require eviction proceedings to remove one. (W. Va. Code § 37-6-30(a)(2), (4); § 37-6-31)
Official resources for West Virginia
- WV Code Ch. 37 Art. 6 – Landlord and Tenant
- WV Code § 37-6A-2 – Security deposits
- WV Code § 55-3A-1 – Summary eviction procedure
- WV Judiciary – Magistrate Court forms (Landlord-Tenant)
- Magistrate Court Answer form: Wrongful Occupation (MLTAWWO)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.