Landlord Rules in West Virginia: Renting Out Property (2026)
Reviewed by DocDraft Legal Team · West Virginia · Last updated 2026-05-18
Owning rental property in West Virginia is governed end-to-end by West Virginia law. The state sets a deposit refund clock (The shorter of 60 days after termination of tenancy or 45 days after a new tenant.), an entry-notice minimum (No state-level statute. Governed by common law / municipal ordinance / case law as.), and a month-to-month termination notice (one full period) that all sit on top of federal fair-housing rules. This guide walks the West Virginia-specific obligations in order.
Key Considerations
West Virginia layers its landlord rules in a particular order. Registration sits at the top: No state-level statute. Governed by common law / municipal ordinance / case law as applicable. The security-deposit rules sit just below it. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. As for returning that deposit, The shorter of 60 days after termination of tenancy or 45 days after a new tenant occupies the premises.
The eviction sequence in West Virginia starts with statutory notice and ends in court. A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition. Outside that sequence, fair-housing law applies to advertising, screening, terms, and termination. The complaint URL is OIGHRC@wv.gov
Operating an existing tenancy in West Virginia requires honoring two notice timers. The first is the entry timer. No state-level statute. Governed by common law / municipal ordinance / case law as applicable. The second is the periodic-termination timer. one full period
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Relevant Documents
Forms used in a West Virginia tenancy are not generic. The lease must carry West Virginia's required disclosures; the entry notice must match the statutory minimum; the deposit-return packet must follow the statutory itemization rule; and the eviction notice must use the format the West Virginia court accepts.
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
West Virginia Landlord-Tenant Act
This is the primary law governing rental relationships in West Virginia. It outlines the rights and responsibilities of both landlords and tenants, including requirements for security deposits, maintenance obligations, eviction procedures, and lease agreements.
Security Deposit Limitations
West Virginia law does not specify a limit on how much landlords can charge for security deposits, but requires landlords to return deposits within a reasonable time (typically 30 days) after a tenant moves out, minus any legitimate deductions for damages beyond normal wear and tear.
Landlord's Duty to Maintain Premises
Landlords in West Virginia must comply with all building and housing codes affecting health and safety, make all repairs necessary to keep the premises in a habitable condition, and maintain all electrical, plumbing, sanitary, heating, and other facilities in good working order.
Notice Requirements for Terminating Tenancy
For month-to-month tenancies, landlords must provide at least one month's notice before terminating the rental agreement. For fixed-term leases, notice is typically not required if termination occurs at the end of the lease term, unless specified in the lease agreement.
Fair Housing Act
Federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. West Virginia's Human Rights Act also prohibits housing discrimination on similar grounds.
Lead-Based Paint Disclosure
Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leases take effect, provide tenants with an EPA-approved pamphlet on lead poisoning prevention, and include specific warning language in leases.
Right of Entry and Notice Requirements
West Virginia law requires landlords to give reasonable notice (typically 24 hours) before entering a rental property, except in cases of emergency. This protects tenants' right to privacy while allowing landlords to inspect, make repairs, or show the property to prospective tenants.
Regional Variances
Northern West Virginia
Morgantown has additional rental regulations due to the large student population from West Virginia University. Landlords must register rental properties with the city and undergo annual inspections. The city also enforces stricter occupancy limits (no more than 3 unrelated individuals in certain zones) and has noise ordinances specifically targeting rental properties in student-heavy neighborhoods.
Wheeling requires rental property registration and has a vacant property registration fee that increases the longer a property remains unoccupied. The city also has specific lead paint disclosure requirements for older properties beyond state requirements.
Eastern Panhandle
Martinsburg has implemented a Crime-Free Rental Housing Program that requires landlords to attend training and implement specific lease provisions. The city also has more stringent property maintenance codes than the state minimum standards.
Charles Town has historic district regulations that may affect rental property modifications and maintenance. Landlords with properties in the historic district must obtain approval from the Historic Landmarks Commission before making exterior changes.
Southern West Virginia
Huntington has a rental housing ordinance requiring registration and inspection of rental units. The city also has a special emphasis on code enforcement for rental properties and has established a Rental Housing Code Enforcement Unit to address substandard housing conditions.
As the state capital, Charleston has more comprehensive rental regulations including mandatory registration with the city's Building Department. The city also enforces stricter fire safety requirements for multi-unit buildings and has specific regulations regarding security deposits that differ from state law.
Suggested Compliance Checklist
Confirm registration or rental-license status at the state and city level
Before listing days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable.
Set the security deposit within the statutory cap and hold the funds correctly
Before signing days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable.
Provide the statutorily required disclosures before the tenant signs
At lease signing days after starting(consult the state code)
Finalize the deposit accounting and refund on the legal deadline
Ongoing days after startingThe shorter of 60 days after termination of tenancy or 45 days after a new tenant occupies the premises.
Serve the statutory periodic-tenancy termination notice in writing
As needed days after startingone full period
Calendar the entry-notice timeline before any non-emergency access
At move-out days after startingNo state-level statute. Governed by common law / municipal ordinance / case law as applicable.
Move evictions through the formal court track set by statute
If eviction needed days after startingA person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition.
Treat fair-housing compliance as a continuous obligation, not a one-time check
Ongoing days after startingComplaints are filed at OIGHRC@wv.gov
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm registration or rental-license status at the state and city level | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. | - | Before listing |
| Set the security deposit within the statutory cap and hold the funds correctly | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. | - | Before signing |
| Provide the statutorily required disclosures before the tenant signs | (consult the state code) | - | At lease signing |
| Finalize the deposit accounting and refund on the legal deadline | The shorter of 60 days after termination of tenancy or 45 days after a new tenant occupies the premises. | - | Ongoing |
| Serve the statutory periodic-tenancy termination notice in writing | one full period | lease-termination-letter | As needed |
| Calendar the entry-notice timeline before any non-emergency access | No state-level statute. Governed by common law / municipal ordinance / case law as applicable. | - | At move-out |
| Move evictions through the formal court track set by statute | A person desiring to remove a tenant from residential rental property may apply for relief to the magistrate court or the circuit court of the county in which the property is located, by verified petition. | - | If eviction needed |
| Treat fair-housing compliance as a continuous obligation, not a one-time check | Complaints are filed at OIGHRC@wv.gov | - | Ongoing |
Frequently Asked Questions
The shorter of 60 days after termination of tenancy or 45 days after a new tenant occupies the premises.
one full period.
No state-level statute. Governed by common law / municipal ordinance / case law as applicable. Source: state code.
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