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West Virginia State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these. 

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation. 

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules and Regulations

Security Deposit:

  • Security Deposit Maximum: No statute
  • Security Deposit Interest: No statute
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Nonrefundable Fees: Nonrefundable pet fees and application fees are allowed if it is agreed in writing that such fees are nonrefundable. (§ 37-6A-1(14))
  • Deadline for Returning Security Deposit:
    • Within 60 days of the termination of the tenancy or within 45 days of the occupation of the premise by a subsequent tenant, whichever period is shorter. (§ 37-6A-1(7))
    • If damages to the premises exceed the amount of the security deposit and require the services of a third-party contractor, the landlord shall give written notice to the tenant, advising him or her of that fact, within the applicable notice period (60 days /45 days). If notice is given as prescribed in this subsection, the landlord shall have an additional 15-day period to itemize the damages and the repair cost. (§ 37-6A-2(c))
  • Permitted Uses of the Deposit:
    • Payment of rent due, including reasonable late fees as specified in the rental agreement;
    • Payment to cover damages caused by the tenant’s noncompliance with the rental agreement, except for reasonable wear and tear;
    • Payment of unpaid utility bills paid by the landlord for which the tenant is responsible under the rental agreement;
    • Payment of reasonable costs to remove and store the tenant’s personal property;
    • Payment to repair other damages or charges as provided in the rental agreement, including but not limited to paying for the services of a third-party contractor to repair damages to the property caused by the tenant. (§ 37-6A-2(b))
  • Require Written Description/Itemized List of Damages and Charges: Yes(§ 37-6A-2(a) and (§ 37-6A-2(c))
  • Record Keeping of Deposit Withholdings: Records of deposit withholdings must be kept for one year after the termination of the tenancy. The landlord must allow the tenant or tenant’s authorized agent or attorney to inspect the records within 72 hours of a written request. (§ 37-6A-3)
  • Receipt of Deposit: No statute
  • Failure to Comply: If the landlord willfully or in bad faith fails to return the security deposit as required by statute, the tenant may sue to recover any unreturned security deposit, in addition to damages up to one and a half times the amount wrongfully withheld. If the tenant still owes rent to the landlord, the court shall order any amount awarded to the tenant credited against the due rent. (§ 37-6A-5)

Lease, Rent & Fees:

  • Rent Is Due: No statute
  • Rent Increase Notice: No statute
  • Rent Grace Period: No statute
  • Late Fees: Allowed, but must be specific and agreed to in the lease. (§ 37-6A-2(b)(1))
  • Prepaid Rent: No statute
  • Returned Check Fees: $25 (§ 61-3-39e)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): No statute.
  • Tenant Allowed to Repair and Deduct Rent: No statute
  • Landlord Allowed to Recover Court and Attorney Fees: No statute
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: Notice not required, as the lease expires. (§ 37-6-5)
  • Notice to Terminate Tenancy – Yearly Lease with No End Date: Three months’ written notice unless a different notice period is agreed in writing. (§ 37-6-5)
  • Notice to Terminate Tenancy – Month-to-Month Lease: One month’s written notice is required from the day the rent is due unless a different period of notice is agreed upon in writing. (§ 37-6-5)
  • Notice to Terminate Tenancy – Week-to-Week Lease: One week’s written notice unless a different notice period is agreed in writing. (§ 37-6-5)
  • Immediate Termination of Tenancy (Unconditional Quit Notice): If the tenant has violated the lease or damaged the premises, the landlord may file for eviction immediately without notice. Once the magistrate or circuit court sets a hearing date, the landlord must notify the tenant of the hearing in writing. See the statute for the required notification procedure.
    (§ 55-3A-1)
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination of Week-to-Week Leases for Nonpayment: Landlord may file for eviction immediately without notice. Once the magistrate or circuit court sets a hearing date, the landlord must notify the tenant of the hearing in writing. See the statute for the required notification procedure. (§ 55-3A-1)
  • Notice of Termination of All Other Leases for Nonpayment: Landlord may file for eviction immediately without notice. Once the magistrate or circuit court sets a hearing date, the landlord must notify the tenant of the hearing in writing. See the statute for the required notification procedure. (§ 55-3A-1)
  • Termination for Lease Violation: The landlord may file for eviction immediately without notice. Once the magistrate or circuit court sets a hearing date, the landlord must notify the tenant of the hearing in writing. See the statute for the required notification procedure. (§ 55-3A-1)
  • Required Notice before Entry: No statute, but reasonable notice of at least 24 hours is recommended.
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): No statute, but reasonable notice of at least 24 hours is recommended.
  • Entry Allowed with Notice for Showings: No statute, but reasonable notice of at least 24 hours is recommended.
  • Emergency Entry Allowed without Notice: No statute
  • Entry Allowed During Tenant’s Extended Absence: No statute
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No, chapter § 55-3A specifies the procedure for eviction, which doesn’t allow for lockouts. (§ 55-3A)
  • Utility Shut-offs Allowed: No, chapter § 55-3A specifies shutoffs for eviction, which doesn’t allow for utility shutoffs. (§ 55-3A)

Disclosures and Miscellaneous Notes:

  • Name and Addresses: No statute
  • Copy of the Lease: No statute
  • Domestic Violence Situations: No statute. An Abuse, Rape, and Domestic Violence Aid and Resource Collection (AARDVARC) provides contact information for West Virginia domestic violence advocates and support resources by county.
  • Landlord’s Duties: (§ 37-6-30)
    • Maintenance and Compliance: Maintain premises to meet applicable health, safety, fire, and housing codes unless the failure to meet those requirements is the fault of the tenant, the tenant’s family member, or someone else on the premises with the tenant’s consent, and;
    • Common Areas: In multiple housing units, keep clean safe, and repair all common areas maintained for tenant use; and;
    • Repairs: Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were due to the tenant’s carelessness or that of the tenant’s family member or someone on the premises with the tenant’s consent;
    • Appliances: Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by agreement or by law;
    • Trash: In multiple housing units, provide and maintain appropriate conveniences for the removal of garbage and other waste;
    • Heat: For units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and reasonable heat between the first day of October and the last day of April, except where the dwelling unit is so constructed that running water, heat or hot water is generated by an installation within the exclusive control of the tenant.
  • Tenant’s Duties: No statute, but according to the Landlord and Tenant: Rights and Responsibilities guide, the generally accepted duties are:
    • Act in Accordance with the Lease: 
      • Pay the rent as specified in the lease
      • Carry out the other terms of the lease, such as payment for utilities
    • Compliance: Comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety;
    • Report Damages: Report and pay for all damage caused by the tenant or visitors in the rental with the tenant’s permission
    • Cleanliness: Keep the premises that tenant occupies and uses as clean and safe as the condition of the premises permit;
    • Upkeep Alarms: Maintain smoke and carbon monoxide detectors by replacing batteries when needed;
    • Trash: Dispose of all garbage and other waste in a clean and safe manner;
    • Plumbing: Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits;
    • Appliances: Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises;
    • Lawful Activity: Not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; and
    • Quiet Enjoyment: Conduct himself and require other persons on the premises with tenant consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of the premises.
  • Abandoned Personal Property: (§ 37-6-6(c))Upon regaining legal possession of the property, the landlord may take, dispose of or otherwise remove the tenant’s personal property without incurring any liability to the tenant or any other person. To dispose of the tenant’s property under this section, the landlord shall give a written notice to the tenant that shall be:
    • (1) Posted in a conspicuous place on the property; and
    • (2) Sent by first-class mail with a certificate of mailing, which provides a receipt of the date of mailing, in an envelope endorsed “Please Forward”, addressed and mailed to the tenant at:
      • (A) The leased property;
      • (B) Any post office box held by the tenant and known to the landlord or housing authority; and
      • (C) The most recent forwarding address if provided by the tenant or known to the landlord or housing authority.
  • Retaliation: No statute. Prohibition against landlord retaliation established in case law. Landlord must not terminate or refuse to renew a lease to a tenant who has filed an official complaint to a Government Authority or exercised a legal right. Refer to Imperial Colliery Co. v. Fout, 373 S.E.2d 489 (1988) for more information.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
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