West Virginia Landlord Tenant Rights
If you’re a landlord or tenant considering entering into a lease agreement in West Virginia, check out our West Virginia Landlord Tenant Rights fact sheet.
Under West Virginia law, landlords have certain responsibilities. These include the duty to address, provide, or maintain the following:
- Dwelling structures
- Electricity and wiring
- Plumbing and sanitation
- Garbage removal (for multi-family units only)
Tenants have the right to have a professional make repairs and deduct the cost from any rent due. Landlords are prohibited from engaging in retaliatory conduct.
Tenants also have responsibilities to landlords. These include:
- Pay the rent in a timely manner
- Maintain the unit in a safe and habitable condition
- Remove all garbage
- Reasonable use of electrical, plumbing, and heating fixtures
- Not disturb other tenants or neighbors
- Not destroy any part of the premises
- Not sublet the property without the landlord’s consent
Landlords can charge any amount they wish for a security deposit. The landlord has 45 days to return the security deposit if they rent the premises to someone else, or otherwise 60 days to return the deposit. If the landlord fails to return the security deposit within the allotted time, they may be held liable for up to one and a half times the original deposit amount.
Rent and Fees
Landlords can choose any amount to charge for rent and rent increases and do not have to give notice to tenants before raising the rent.
Landlords have several grounds on which they can evict a tenant. These include:
- Nonpayment of rent
- Violation of lease terms
- No lease or end of lease
Tenants can legally end their lease in the following circumstances:
- Early termination clause in lease
- Active military duty
- Uninhabitable unit
- Landlord harassment
Tenants who end their lease early may be held liable for the remainder of the lease term.
Lease Termination Notice
The landlord is not required to give notice if the reason for lease termination is nonpayment of rent or violation of lease terms. If the tenant stays in the unit past the lease end or there isn’t a lease, the tenant must give week-to-week tenants a 7-day notice, month-to-month tenants a 30-day notice and year-to-year tenants a 90-day notice.
Tenants likewise have to give landlords notice if they are terminating their lease. Week-to-week tenants must give a 7-day notice, month-to-month tenants a 30-day notice, and year-to-year tenants a 3-month notice.