Tenant Rights and Responsibilities in West Virginia

As a tenant in West Virginia, you have several important rights, including: the right to a habitable dwelling, the right to privacy (landlords must generally provide notice before entering), protection against retaliation, the right to have essential services like heat and water, the right to the return of your security deposit (minus legitimate deductions) within a reasonable time after moving out, and protection against discrimination under federal fair housing laws. West Virginia follows general landlord-tenant law principles but has fewer specific statutory protections than some other states.

West Virginia does not have a state law that limits the amount a landlord can charge for a security deposit. This means landlords can technically charge any amount they choose. However, market conditions typically keep deposits reasonable, often equivalent to one or two months' rent. Always get a receipt for your security deposit and document the condition of the property when you move in to protect your deposit when you move out.

West Virginia law doesn't specify an exact timeframe for returning security deposits, but landlords must return deposits within a 'reasonable time.' In practice, this is typically within 30 days after you move out. The landlord can deduct for unpaid rent, damages beyond normal wear and tear, and other breaches of the lease. If deductions are made, the landlord should provide an itemized list explaining them. If your deposit isn't returned, you may need to pursue the matter in small claims court.

While West Virginia doesn't have a specific statute addressing landlord entry, common law principles generally require landlords to provide reasonable notice (typically 24 hours) before entering a rental property, except in emergencies. Your lease may specify notice requirements, so review it carefully. If your landlord repeatedly enters without proper notice, document these incidents and consider writing a formal letter requesting they respect your right to privacy.

In West Virginia, landlords must maintain rental properties in a habitable condition. This includes maintaining structural elements, ensuring working plumbing, electrical, and heating systems, providing trash receptacles, and addressing pest infestations not caused by the tenant. If essential services or repairs are needed, notify your landlord in writing and keep a copy. If they fail to make necessary repairs within a reasonable time, you may have remedies such as repair and deduct, but should consult with a legal professional before taking action.

For month-to-month tenancies in West Virginia, landlords must provide at least one month's notice before increasing rent. For fixed-term leases (like a one-year lease), the landlord cannot raise the rent until the lease term ends, unless the lease specifically allows for rent increases. There are no rent control laws in West Virginia, so once proper notice is given, landlords can increase rent by any amount they choose.

In West Virginia, landlords must follow a specific legal process for eviction. First, they must provide written notice (typically 30 days for lease violations, though shorter for non-payment of rent). If you don't remedy the situation or move out, the landlord must file a lawsuit and obtain a court order. You'll have the opportunity to respond and attend a hearing. Only after winning in court can the landlord have law enforcement remove you. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.

Breaking a lease early in West Virginia typically means you're liable for rent until the lease ends or until the landlord re-rents the unit. However, there are exceptions: if you're called to active military duty, if the unit becomes uninhabitable, if the landlord harasses you or violates your privacy rights, or if your lease has an early termination clause. West Virginia landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit, rather than charging you for the entire remaining lease term.

Yes, West Virginia law provides some protections for tenants who are victims of domestic violence. Under state law, landlords cannot terminate a lease, refuse to renew a lease, or otherwise penalize a tenant solely because they have been a victim of domestic violence. Additionally, victims may be able to terminate their lease early without penalty if they provide proper documentation of the abuse. The documentation typically includes a protective order or a report from law enforcement.