West Virginia Landlord Laws

In general, West Virginia is considered a landlord-friendly state. With no rent control, few restrictions on late fees, and straightforward eviction cases, it offers a favorable legal environment for property managers and real estate investors, particularly in smaller towns and rural areas where housing remains relatively affordable.

However, landlords in West Virginia must still understand and comply with state and federal landlord-tenant laws. These WV landlord regulations govern multiple aspects of the rental process, including lease agreements, habitability standards, eviction timelines, and tenant rights. It’s important to be familiarized with these landlord laws before setting rental policies or responding to tenant disputes.

West Virginia’s rental laws can be found in the West Virginia Code §§ 37-6 through 37-6A, along with relevant federal housing regulations. Keep in mind that while West Virginia has fewer local housing ordinances than more urbanized states, cities and counties may still have their own rules that landlords must follow.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and many not be the most up-to-date information.

West Virginia Quick Facts

Rights and Responsibilities of West Virginia Landlords and Tenants

West Virginia landlords and tenants both have specific rights and responsibilities under state law. For instance, landlords must provide housing that is safe, habitable, and up to code, while tenants must pay rent on time and take reasonable care of the property. In return, landlords have the right to collect rent and enforce lease terms, and tenants have the right to privacy, maintenance, and fair treatment. Although lease agreements outline many of these rights and duties, only those terms that comply with West Virginia law are enforceable. Understanding these legal responsibilities helps prevent disputes and ensures smoother landlord-tenant relationships.

Below is a summary of the main rights and responsibilities for both landlords and tenants in West Virginia.

West Virginia landlords have the right to:

• Collect rent as stated in the lease agreement.
• Require a security deposit, with no statutory limit, as long as it’s reasonable.
• Withhold security deposit funds for unpaid rent, damages beyond normal wear and tear, or other lease violations.
• Screen tenants using lawful, non-discriminatory criteria.
• Enter the property for inspections, repairs, or showings with a reasonable notice period of 24-48 hours.
• Initiate eviction proceedings if a tenant fails to pay rent, violates the lease, or causes significant disturbances.
• Set and enforce reasonable lease terms regarding pets, guests, and maintenance responsibilities, provided they comply with West Virginia law.

West Virginia landlords are responsible for:

• Delivering the property in a habitable state at lease commencement and maintaining habitability throughout the tenancy.
• Following all applicable codes pertaining to health, safety, housing, and fire.
• Making all necessary repairs to keep the unit habitable, especially for essential services like plumbing, heating, and electricity.
• Keep common areas clean and safe within multi-unit properties.
• Return security deposits, less legal deductions, within 60 days after lease termination, or 45 days after a new tenant takes possession, whichever is shorter
• Not retaliating against tenants who report code violations or exercise their legal rights.

West Virginia tenants have the right to:

• Live in a safe, clean, and habitable home with working utilities and habitable living conditions.
• Request repairs and receive them in a timely manner. If the landlord fails to act within 14 days, the tenant may arrange repairs and deduct the cost from rent.
• Privacy and quiet enjoyment of the unit, including proper notice before landlord entry.
• Receive notice before rent increases in month-to-month leases.
• Take legal action if the landlord violates their basic rights or fails to meet legal obligations.
• Be protected from retaliation for reporting unsafe conditions or calling emergency services.

West Virginia tenants are responsible for:

• Paying rent on time and in accordance with the lease.
• Following the terms of the lease and any property rules.
• Keeping the rental unit clean and safe, and avoiding damage to the property.
• Reporting repair problems or maintenance issues promptly.
• Handling minor upkeep, such as replacing smoke detector batteries or light bulbs.
• Notifying the landlord in advance if they plan to vacate or not renew the lease.
• Using the property only for lawful reasons and agreed-upon purposes, avoiding all illegal activities.

West Virginia Required Disclosures

Landlords in West Virginia must share specific information with tenants before starting a lease. These disclosures usually involve property conditions, tenant rights, or key landlord policies.

Below are a few of the required disclosures in West Virginia.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Nonrefundable Fees (WV Code § 37-6A-1(14)) A West Virginia lease agreement should include whether or not any fee (such as an application fee) is nonrefundable. A rental property pet agreement should include whether any fees related to pets are nonrefundable.

Additional Reading: West Virginia Residential Lease Agreement

West Virginia Rent and Fee Laws

West Virginia law allows landlords and tenants to set most rent-related terms in the lease. The state does not impose rent control or strict limits on fees, but it does provide some guidance on bounced check fees and tenant remedies for certain repair issues. Below are the main rent and fee landlord laws in West Virginia.

Rent Payments

• Due Date: There is no statute in West Virginia specifying when rent should be due. However, it is typically due on the date specified in the rental agreement or on the first day of the month.
• Rent Increases: There is no statewide rent control in West Virginia.
• Grace Period: There is no mandatory grace period in West Virginia.

Fees

• Application Fees: Rental application fees are not regulated in West Virginia.
• Late Fees: There are no statutory limits on late fees in West Virginia.
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $25 (WV Code § 61-3-39e).

Tenant Remedies

• Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days’ notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114).

West Virginia Security Deposit Laws

Almost all states regulate how landlords may collect, hold, and return security deposits, and West Virginia is no exception. These landlord laws cover how much property owners can charge, when they must return the deposit after lease termination, and under what conditions they can keep part of it. Below are the top security deposit laws that apply in West Virginia.

• Deposit Limit: There is no limit on security deposit amounts in West Virginia, nor a maximum security deposit amount.
• Interest: Landlords in West Virginia are not required to pay interest on security deposits.
• Return Within: 30 days (Senate Bill No. 545).
• Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
• Withholding: Landlords may withhold funds from the security deposit for unpaid rent, damages other than reasonable wear and tear, unpaid utilities, reasonable costs for the removal and/or storage of the tenant’s belongings, and other damages provided in the rental agreement (such as repairs). Landlords must itemize these deductions and deliver them in a written notice to the tenant with the remainder of the security deposit (WV Code § 37-6A-2).

West Virginia Tenant Screening and Fair Housing Protections

What actions are considered housing discrimination?

Tenants in every state receive protection against unfair or discriminatory housing practices, and West Virginia is no exception. The Federal Fair Housing Act (Title 24 USC § 3601-3607 prohibits discrimination in all aspects of housing. A landlord engages in housing discrimination if they base decisions on a tenant’s protected status when:

• Accepting or rejecting rental applications
• Setting screening criteria
• Advertising rental units
• Writing rental listings
• Adjusting rent, fees, or deposits
• Offering rent discounts or promotions
• Responding to maintenance requests
• Enforcing lease terms
• Initiating eviction proceedings
• etc.

What are the protected classes in West Virginia?

Under the Federal Fair Housing Act, landlords cannot discriminate based on the following seven protected classes:

• Race
• Color
• Religion
• Sex
• National origin
• Familial status
• Disability

West Virginia state law adds ancestry and specifies that “familial status” includes persons with custody of underage children, persons in the process of gaining custody of a child, and pregnancy (WV Code § 5-11A-5).

Use of Credit Reports

West Virginia landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.

Use of Criminal Histories

Criminal background checks may be used during prospective tenant screening in West Virginia according to state regulations. West Virginia landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.

Additional Reading: West Virginia Background Checks & Screening Online

West Virginia Landlord Entry Laws

West Virginia does not have strict entry laws, but landlords should give reasonable notice before entering. West Virginia landlord laws allows emergency entry and does not restrict entry to specific times of day.

• Advanced Notice: Landlords in West Virginia should give reasonable advanced notice before entering (West Virginia Renters’ Rights Brochure).
• Permitted Times: West Virginia state law does not designate any time-of-day restrictions for entering.
• Emergency Entry: Entry in case of emergency for repairs is permitted in West Virginia (West Virginia Renters’ Rights Brochure).

West Virginia Eviction Notices

Evictions involve complicated legal steps that can confuse both landlords and tenants. Before beginning the eviction process in West Virginia, consider speaking with an experienced attorney and reviewing the relevant state and landlord laws to ensure full compliance.

If you decide to move forward with eviction, the first step is to serve a formal, written notice to the tenant. West Virginia recognizes several types of eviction notices, depending on the reason for terminating the tenancy:

• In West Virginia, no prior notice is required before the landlord files for eviction, for unpaid rent or lease violations. Eviction hearings will often be scheduled only a few days or even the day after the tenant receives a summons to court. West Virginia landlords are also not required to provide tenants an opportunity to pay their rent or cure their violation before the case is filed. This means landlords may file for eviction immediately after a lease violation or missed rental payment without waiting for the expiration of any notice period (WV Code § 55-3A-1).

Additional Reading: West Virginia Eviction Process and Laws [2025]

West Virginia Squatter’s Rights

Squatters are individuals who occupy a property without the owner’s permission and without a valid lease or legal right to be there. In West Virginia, removing a squatter generally requires the property owner to go through the formal eviction process.

West Virginia does not permit self-help eviction tactics, such as changing the locks, removing a squatter’s belongings, or shutting off utilities. Landlords who use these methods risk legal penalties, even if the person occupying the property is not a legal tenant. To remove a squatter legally, the landlord must first serve proper written notice and then file for eviction in the local magistrate court if the squatter does not leave voluntarily. Law enforcement can only remove the person once the court issues a judgment in the landlord’s favor.

If you’re dealing with a squatter situation, it’s best to consult a qualified real estate attorney. Squatter-related disputes can involve complex issues, especially if the squatter claims rights under adverse possession laws, which may apply if someone occupies the property openly and continuously for 10 years or more under specific conditions.

Additional Reading: West Virginia Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About West Virginia

• The current average rent rate in West Virginia is $1,150 per month, according to Zillow.
• The average rent rate in Charleston is $1,000 per month, according to Zillow.
• Landlords in West Virginia must guarantee heat from October 1 until the last day of April (WV Code § 37-6-30(7)).

Conclusion

West Virginia's landlord-friendly environment offers numerous advantages for property owners, such as no rent control and simplified eviction procedures. However, understanding and adhering to WV landlord-tenant laws is essential for maintaining compliant and harmonious landlord-tenant relationships. Landlords must ensure properties are safe and habitable, respect tenant consent and rights, and adhere to disclosure requirements for the well-being of their tenants. Recognizing these responsibilities not only helps to mitigate disputes but also maximizes the investment potential in West Virginia's affordable housing market. Always consult the West Virginia Code and seek legal advice if needed to navigate complex situations effectively.

FAQs

What makes West Virginia a landlord-friendly state?

West Virginia is considered landlord-friendly due to its lack of rent control, few restrictions on late fees, and straightforward eviction procedures. This legal environment is favorable for property owners and investors, especially in smaller towns and rural areas where housing remains affordable.

Do landlords in West Virginia have restrictions on late fees?

No statutory limits on late fees exist in West Virginia. Landlords have the freedom to set reasonable late fees in their lease agreements, provided they comply with the terms outlined there.

Is there any statewide rent control in West Virginia?

There is no statewide rent control in West Virginia. This means as long as local regulations allow it, landlords can increase rent as agreed in the lease.

What are the key tenant rights in West Virginia?

In West Virginia, tenant protections include the right to live in a safe, clean, and habitable home with essential services like plumbing, heating, and electricity. Tenants can request timely repairs and enjoy privacy and quiet enjoyment of their homes.

How soon must security deposits be returned in West Virginia?

Security deposits must be returned within 60 days after lease termination in West Virginia, or within 45 days if a new tenant takes possession sooner. Deductions must be itemized and provided to the tenant.

Are there required disclosures for landlords in West Virginia?

Yes, landlords must disclose information such as lead-based paint hazards for properties built before 1978 and clarify nonrefundable fees in lease agreements.

Can landlords enter the property anytime they wish?

Landlords should provide reasonable notice before entering a rental property, except in emergencies. West Virginia landlord law does not specify time-of-day restrictions for entry.

What is West Virginia's policy on eviction notices?

No prior notice is required in West Virginia before filing for eviction for unpaid rent or lease violations. Landlords can file eviction proceedings immediately under such circumstances.

Free Downloads

1. West Virginia Residential Lease Agreement Template
2. West Virginia Quitclaim Deed
3. West Virginia Lease Agreement Template
4. West Virginia Immediate Notice to Quit Form
5. West Virginia Eviction Notice Form
6. West Virginia Lease Termination Letter Form

Resources

1. West Virginia Eviction Process & Laws [2025]
2. West Virginia Landlord-Tenant Code
3. West Virginia Magistrate Court Forms
4. West Virginia Housing Market Trends & Forecast
5. Real Estate Terms & Definitions