Can I Sue My Landlord in West Virginia?
Yes — in many situations. These are the main claims West Virginia tenants bring, what the law lets you recover, and where to file. Each rule links to the statute or official source. Most claims under the small claims limit can be filed without a lawyer.
Before you sue
- Write down what happened, with dates, and keep photos, texts, emails and receipts.
- Send your landlord a written demand (templates below) and give a reasonable deadline.
- Check the deadline to sue and the court's dollar limit (below).
- If the amount is over the small claims limit, or you are facing eviction, talk to a lawyer or legal aid first.
Your security deposit wasn't returned
| 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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| 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)). |
Free West Virginia security deposit demand letter
Your landlord retaliated after you complained
| Landlord retaliation | 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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Your landlord won't make repairs
| 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. 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. |
| 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. |
| 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)). |
Free West Virginia repair request letter to landlord
Your landlord entered without notice or invaded your privacy
| 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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| 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. |
Other claims tenants bring in West Virginia
| Injuries on the property | For residential property, the landlord must deliver and keep the unit fit and habitable, meet applicable health, safety, fire and housing codes, keep common areas in multi-unit buildings clean, safe and in repair, make repairs needed to keep the premises habitable, and keep supplied electrical, plumbing, heating and other facilities and appliances in good and safe working order. The landlord is not required to make repairs caused mainly by the tenant's lack of reasonable care, or while the tenant is behind on rent. The statute does not itself set a rule for injury lawsuits; whether a landlord is liable for a particular injury is decided by the courts under negligence law. Talk to a lawyer about any injury claim — filing deadlines apply. Source: W. Va. Code § 37-6-30 |
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Where and when to sue
| Small claims limit | $20,000 in value or amount in controversy. Magistrate courts also hear unlawful entry and detainer of real property when title is not in dispute. Most recently amended by 2025 HB 2761. Source: W. Va. Code 50-2-1 |
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| Small claims filing fee | $30 for claims of $500 or less; $35 for over $500 to $1,000; $40 for over $1,000 to $2,000; $50 for over $2,000; $30 for relief other than money. Fees are collected in advance, and people unable to pay may proceed without prepayment under W. Va. Code 59-2-1. The magistrate court also charges $1 for mailing by certified or registered mail with return receipt. Source: W. Va. Code 50-3-1 |
| Deadline to sue on a written lease | 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). Source: W. Va. Code § 55-2-6 |
How small claims court works in West Virginia →
Tenant lawyers and free legal aid in West Virginia · West Virginia tenant rights · Suing a landlord in other states
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.