Renters’ Rights:
A Guide To Landlord-Tenant
Law in West Virginia
From the Oce of the
West Virginia Attorney General
Important
Phone Numbers
West Virginia
Attorney General’s Oce
Consumer Protection Hotline
1-800-368-8808
www.wvago.gov
Legal Aid of West Virginia
1-866-255-4370
www.lawv.net
e West Virginia State Bar
Attorney Hotline
1-800-642-3617
(only available on Tuesdays from
6:00pm-8:00pm)
e HUD Complaint Line
for Bad Landlords in Federal
Housing
1-800-685-8470
Eviction from
Rental Property
West Virginia law requires landlords
to provide tenants with proper written
notication in advance of any attempt to
evict a person from rental property, unless
the tenant has failed to pay rent or has
otherwise violated the terms of the rental
agreement.
If a tenant is behind on rent or has violated
certain provisions of the rental agreement,
a landlord may go directly to court and le
an action to evict him or her without giving
prior written notice.
Notably, a landlord cannot forcibly evict
a tenant without rst going to court. A
tenant has the right to contest any eviction
suit. Tenants served with eviction suits
should contact a lawyer. Legal Aid of West
Virginia also provides certain legal services
for low-income individuals who may not
be able to aord a lawyer.
Failure by a tenant to answer an eviction
lawsuit or appear in court could result in
the issuance of a judgment for possession,
which would require the tenant to vacate
the rental housing immediately.
Security Deposits
Landlords often require tenants to pay a
“security deposit” to guarantee payment of
rent and to cover damages that may result
from abuse or neglect of the tenant, excluding
normal wear and tear. A state law passed
in 2011 now requires landlords to return
damage deposits in full or send a written
notice itemizing any alleged damages within
sixty (60) days after the tenant moves out. If
the landlord fails to do so, the tenant may le
a civil suit and will be awarded judgment for
any unreturned security deposit plus a penalty
of one and a half times that amount.
Rental Repairs
A landlord, and not the tenant, is responsible
for all repairs necessary to ensure that rental
housing remains in proper condition as
required by law. However, landlords may
require tenants to pay for any damages caused
as a result of the renter’s own carelessness and
neglect. Any agreements otherwise to require
a tenant to pay the costs of standard repairs
are unlawful and unenforceable in court.
Tenant Privacy
State law prohibits landlords from entering
rental housing without either the consent
of the tenant or providing reasonable notice
in advance, unless circumstances require the
landlord to perform emergency repairs.
Do’s and Don’ts of
Landlord-Tenant Law
• Landlords and tenants should make sure that
their rights and responsibilities are clearly
spelled out in a written rental agreement.
• Tenants should notify the landlord in writing
of any damages and/or needed repairs prior to
taking possession of a rental housing unit.
• It is unlawful for a landlord to lock out a
tenant, shut o utilities, refuse repairs, or take
other steps to eectively evict a tenant without
going through court.
• A landlord may not seize or impound a
tenant’s property as a way of collecting rent
owed.
• A landlord may not evict a tenant in
retaliation for complaints of unt housing
conditions.
• Tenants should report any unt housing
conditions to the landlord, or to local
government agencies such as the building code
inspector, re marshal, or health department.
• Landlords should promptly return the balance
of any damage/security deposit to the tenant.
• Upon moving out, tenants should take
photographs and/or video of the rental
property to document the condition of the
unit.
• It is unlawful for the landlord to refuse to
rent or to evict a tenant because of race,
color, religion, ancestry, sex, familial status,
blindness, handicap or national origin.
Tenants have a statutorily protected right to
live in decent housing at all times. If a tenant
believes that his or her rights have been
violated, he or she may le a claim for money
damages against the landlord. Tenants also
may le a civil action to enforce rental housing
unit standards. Conversely, a landlord may
le an action to evict a tenant if he or she has
failed to pay rent or has otherwise violated the
rental agreement.
Standard Housing
Requirements
Under West Virginia law, landlords are
required to maintain rental housing in a t
and habitable condition from the time of
move in until the time of move out. is
means a landlord must make sure that rental
housing measures up to all health, safety, re,
and housing code standards at all time.
Enforcement of
Landlord-Tenant Laws
in West Virginia
