West Virginia landlord-tenant law FAQ
37 answers to common West Virginia landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in West Virginia?
No maximum. West Virginia's security deposit law (Article 6A) regulates return and deductions but sets no cap on the amount.
Verified Source: W. Va. Code ch. 37, art. 6A (§§ 37-6A-1 to -6) · last checked 2026-10-15 · Full security deposit limit page
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 moves in, whichever is shorter.
Verified Source: W. Va. Code §§ 37-6A-1(7), 37-6A-2(a) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in West Virginia?
The landlord may not enter rented housing without the tenant's consent or reasonable advance notice, unless emergency repairs require it. No fixed number of hours is stated.
Verified Source: West Virginia Attorney General, Renters' Rights: A Guide to Landlord-Tenant Law in West Virginia · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 (Landlord and Tenant), read in full on 2026-10-15) sets no notice period for rent increases; the lease terms control.
Verified Source: W. Va. Code ch. 37, art. 6 (Landlord and Tenant) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in West Virginia, and how much?
Landlords may charge reasonable late fees set out in the rental agreement and take them from the security deposit at move-out. W. Va. Code ch. 37, arts. 6 and 6A (read in full on 2026-10-16) set no dollar or percentage cap. Statute text: "(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property." (W. Va. Code § 37-6A-2(b)(1)).
Verified Source: W. Va. Code § 37-6A-2(b)(1) · last checked 2026-10-16 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in West Virginia?
The statute sets no pre-filing notice period: a landlord may petition the magistrate or circuit court when the tenant is in arrears, and the hearing is set 5–10 judicial days after filing.
Verified Source: W. Va. Code § 55-3A-1 · last checked 2026-10-15 · Full eviction notice (nonpayment) page
How much notice is needed to end a month-to-month tenancy in West Virginia?
Either party may end a periodic tenancy shorter than a year (e.g. month-to-month) with written notice of one full period before the end of a period; year-to-year needs 3 months' written notice. A lease can set a different notice period.
Verified Source: W. Va. Code § 37-6-5 · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in West Virginia?
West Virginia's security deposit article (W. Va. Code ch. 37, art. 6A) sets return and itemization rules but does not require the landlord to pay interest on deposits (whole article read).
Verified Source: W. Va. Code § 37-6A-1 et seq. · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in West Virginia?
West Virginia's landlord-tenant chapter (37-6) and deposit article (37-6A) require no move-in inspection or checklist (full text read).
Verified Source: W. Va. Code ch. 37-6; art. 37-6A · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in West Virginia?
The WV Attorney General's guide says a landlord may not evict a tenant in retaliation for complaints about unfit housing conditions.
Verified Source: WV Attorney General, Renters' Rights guide · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in West Virginia?
The WV Attorney General's guide says it is unlawful for a landlord to lock out a tenant, shut off utilities, refuse repairs, or take other steps to effectively evict a tenant without going to court. It also says a landlord may not seize a tenant's property to collect rent.
Verified Source: WV Attorney General, Renters' Rights: A Guide to Landlord-Tenant Law in West Virginia · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in West Virginia?
W. Va. Code § 37-6-30 requires the landlord to deliver and keep the unit fit and habitable, make necessary repairs, and keep common areas and facilities in good order, unless the tenant caused the problem. The chapter sets no statutory repair-and-deduct or rent-withholding procedure (full chapter read).
Verified Source: W. Va. Code § 37-6-30 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in West Virginia?
West Virginia's landlord-tenant chapter (37-6) and deposit article (37-6A) impose no lease disclosure requirements (full text read). Federal lead-paint disclosure still applies to pre-1978 housing.
Verified Source: W. Va. Code ch. 37-6; art. 37-6A · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in West Virginia?
If a tenant behind on rent abandons the unit, the landlord posts a notice demanding rent within one month, then may retake possession. To dispose of belongings the landlord must post and mail written notice giving at least 30 days to remove them (60 days for tenants on active military duty). Property worth over $300 must be stored up to 30 more days if the tenant asks and pays storage costs.
Verified Source: W. Va. Code § 37-6-6 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in West Virginia?
West Virginia's landlord-tenant chapter (37-6) contains no military or domestic-violence early-termination right (full chapter read). Federal SCRA rights still apply.
Verified Source: W. Va. Code ch. 37-6 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in West Virginia?
West Virginia's landlord-tenant chapter (37-6) sets no late-fee grace period or cap (full chapter read).
Verified Source: W. Va. Code ch. 37-6 · last checked 2026-10-15 · Full late fee grace period page
How does the eviction court process work in West Virginia?
The court schedules a hearing 5 to 10 judicial days after the petition is filed, and the tenant may file a written defense within 5 days of receiving notice.
Verified Source: W. Va. Code § 55-3A-1 · last checked 2026-10-15 · Full eviction court process & timeline page
What happens to the lease when a tenant dies in West Virginia?
When a residential tenant dies, an heir, personal representative, devisee or assignee may end the lease early by written notice. Termination takes effect on the last day of the calendar month two months after the notice is hand-delivered or mailed. The estate still owes rent through the notice period and repair costs beyond ordinary wear and tear. This right can't be waived. Applies to leases signed or renewed on or after July 1, 2012.
Verified Source: W. Va. Code § 37-6-11(b) · last checked 2026-10-15 · Full death of a tenant page
Does a landlord have to give notice before not renewing a lease in West Virginia?
No notice is needed to end a lease whose term ends on a set date; it simply expires. Year-to-year tenancies need written notice at least three months before the end of the year, and shorter periodic tenancies need one full period's notice, unless the lease sets a different notice rule.
Verified Source: W. Va. Code § 37-6-5 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page
What is the military lease termination (federal scra, all states) rule in West Virginia?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the warranty of habitability in West Virginia?
Landlords must deliver the unit fit and habitable at the start of the tenancy and keep it that way. Statute text: "At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition" (W. Va. Code § 37-6-30(a)(1)).
Verified Source: W. Va. Code § 37-6-30(a)(1) · last checked 2026-10-16 · Full habitability / warranty of habitability page
What is the eviction notices for other grounds (lease violation, no-fault) rule in West Virginia?
A periodic tenancy shorter than a year (e.g., month-to-month) can be ended with written notice of one full rental period before the end of a period, unless the parties agreed otherwise. Statute text: "A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period" (W. Va. Code § 37-6-5).
Verified Source: W. Va. Code § 37-6-5 · last checked 2026-10-16 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the manufactured / mobile home parks rule in West Virginia?
Renting a factory-built (manufactured) home site requires a dated, signed written agreement before the tenancy begins. Statute text: "The rental and occupancy of a factory-built home site shall be governed by a written agreement which shall be dated and signed by all parties thereto prior to commencement of tenancy" (W. Va. Code § 37-15-3(a)).
Verified Source: W. Va. Code § 37-15-3(a) · last checked 2026-10-16 · Full manufactured / mobile home parks page
What is the rental / transient occupancy tax rule in West Virginia?
West Virginia counties and municipalities may impose a hotel occupancy tax. Statute text: "On and after July 1, 1985, any county or municipality may impose and collect a privilege tax upon the occupancy of hotel rooms located within its taxing jurisdiction" (W. Va. Code § 7-18-1(a)).
Verified Source: W. Va. Code § 7-18-1(a) · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the tenant buyout disclosures rule in West Virginia?
The state landlord-tenant statute (W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits) · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in West Virginia?
The state landlord-tenant statute (W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits), read in full on 2026-10-16) has no provision on guest stays or occupancy limits. Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits) · last checked 2026-10-16 · Full guest & occupancy limits page
What is the rent receipts, payment methods & cash rule in West Virginia?
The state landlord-tenant statute (W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits), read in full on 2026-10-16) has no provision on how rent may be paid (cash, check or electronic payment). Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits) · last checked 2026-10-16 · Full rent receipts, payment methods & cash page
What is the deposit bank holding / separate account rule in West Virginia?
The state landlord-tenant statute (W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits), read in full on 2026-10-16) has no provision on a separate, escrow or interest-bearing account for security deposits. Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A (landlord and tenant; security deposits) · last checked 2026-10-16 · Full deposit bank holding / separate account page
Does a landlord have to provide smoke and carbon monoxide detectors in West Virginia?
Owners of one- and two-family dwellings (including manufactured homes) must provide, install and replace smoke detectors near each sleeping area; in rented dwellings the tenant does routine maintenance. The same section also requires carbon monoxide detectors in rented one- and two-family dwellings with fuel-burning appliances. Statute text: "The owner of each dwelling described in subsection (a) of this section shall provide, install, and replace the operational smoke detectors required by this section" (W. Va. Code § 15A-10-12(b)).
Verified Source: W. Va. Code § 15A-10-12(b) · last checked 2026-10-16 · Full smoke & co detectors page
What is the property manager licensing rule in West Virginia?
In West Virginia, renting, managing or leasing real estate for compensation is broker activity (§ 30-40-4), which requires a real estate license. Statute text: "It is unlawful for any person to engage in directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article" (W. Va. Code §§ 30-40-3, 30-40-4).
Verified Source: W. Va. Code §§ 30-40-3, 30-40-4 · last checked 2026-10-16 · Full property manager licensing page
What is the right to cure / redeem rule in West Virginia?
A tenant sued for possession over unpaid rent can stop the case by paying all rent owed, with interest and costs, any time before trial. Statute text: "If any party having a right or claim to such lands shall, at any time before the trial in such action of ejectment or of unlawful detainer, pay or tender to the party entitled to such rent, or to his attorney in the cause, or pay into court, all the rents and arrears, with interest and costs, all further proceedings in the action shall cease." (W. Va. Code § 37-6-23).
Verified Source: W. Va. Code § 37-6-23 · last checked 2026-10-16 · Full right to cure / redeem page
How much can a landlord charge for a rental application fee in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) sets no application fee limit or screening rule.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full application fees & screening page
Can a tenant sublet an apartment in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) has no subletting or assignment rule for tenants; the lease terms control.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full subletting & assignment page
Can a tenant fix something and deduct it from rent in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) has no repair-and-deduct remedy, though landlords must keep premises fit and habitable (§ 37-6-30).
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full repair and deduct page
Can a tenant withhold rent for repairs in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) has no rent withholding or rent escrow procedure.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full rent withholding / escrow page
Does a landlord need just cause to evict in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) has no just-cause eviction requirement; periodic tenancies end on proper notice (§ 37-6-5).
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full just-cause eviction page
Can a landlord deny a tenant for criminal or credit history in West Virginia?
West Virginia's landlord-tenant law (W. Va. Code ch. 37, art. 6 and § 55-3A, read in full on 2026-10-16) sets no rules on screening applicants' criminal or credit history; federal fair-housing and FCRA rules still apply.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A · last checked 2026-10-16 · Full criminal & credit history rules page
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