Landlord Tenant Laws in West Virginia (WV)
The information below is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice specific to your situation.
West Virginia's landlord-tenant laws are governed by W. Va. Code § 37-6-1 et seq.. The state receives a tenant-friendliness grade of F (Very Landlord-Friendly) based on deposit protections, eviction procedures, rent control status, habitability standards, and available tenant remedies. West Virginia has minimal statutory protections for tenants. No deposit cap, no entry notice requirement, no rent withholding, and no repair-and-deduct. Very landlord-friendly state.
Security Deposit Rules in West Virginia
West Virginia does not impose a statutory cap on security deposits, meaning landlords can charge any amount they choose. However, excessively high deposits may discourage prospective tenants and could be challenged in court as unconscionable. Landlords must return the deposit within 60 days after the tenant vacates, typically with an itemized list of any deductions for damages beyond normal wear and tear.
Eviction Process in West Virginia
In West Virginia, a landlord must provide 3 days' written notice before filing for eviction based on nonpayment of rent. This is one of the shortest eviction notice periods in the country, giving tenants very little time to cure the default. For month-to-month tenancies, 30 days' notice is required to end the tenancy. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in West Virginia.
Tenant Rights in West Virginia
West Virginia does not provide rent withholding or repair-and-deduct remedies for tenants. When a landlord fails to maintain the property, the tenant's primary recourse is to file a complaint with local code enforcement or pursue a civil lawsuit. This puts tenants at a significant disadvantage when facing habitability issues.
Rent Control in West Virginia
West Virginia has preempted local rent control, meaning cities and municipalities within the state are prohibited from enacting their own rent control ordinances. Landlords can raise rent by any amount with proper notice, subject only to anti-discrimination and anti-retaliation laws.
Landlord Obligations in West Virginia
Landlords in West Virginia are generally required to:
- Comply with building and housing codes affecting health and safety
- Maintain common areas in a clean and safe condition
- Keep electrical, plumbing, heating, and other systems in good working order
- Provide and maintain appropriate trash receptacles
- Supply running water and reasonable amounts of hot water
- Return security deposits within 60 days with an itemized statement of deductions
- Follow proper legal procedures for eviction (no self-help evictions)
City-Specific Landlord-Tenant Information in West Virginia
Many cities in West Virginia have additional local ordinances or practices that affect landlord-tenant relationships. Below are notes for 3 major cities.
Charleston
State capital follows West Virginia state law. No additional local tenant protections.
Huntington
Follows state law without local modifications.
Morgantown
University town follows state law. Large student rental market.
Tenant-Friendliness Score Breakdown
Our scoring system evaluates each state across six categories of tenant protection. West Virginia scores 12 out of 100, earning a grade of F (Very Landlord-Friendly).
How West Virginia Compares
Below is a comparison of West Virginia with five states that have similar tenant-friendliness scores. This can help you understand where West Virginia falls on the spectrum of tenant protections nationwide.
| State | Score | Grade | Deposit Limit | Eviction Notice | Rent Control |
|---|---|---|---|---|---|
| West Virginia (WV) | 12 | F | No statutory limit | 3 days | Rent Control Preempted |
| Louisiana (LA) | 11 | F | No statutory limit | 5 days | Rent Control Preempted |
| Mississippi (MS) | 14 | F | No statutory limit | 3 days | Rent Control Preempted |
| Arkansas (AR) | 15 | F | 2 months' rent | 3 days | Rent Control Preempted |
| Wyoming (WY) | 16 | F | No statutory limit | 3 days | Rent Control Preempted |
| Idaho (ID) | 18 | F | No statutory limit | 3 days | Rent Control Preempted |
Frequently Asked Questions About West Virginia Landlord-Tenant Laws
How much can a landlord charge for a security deposit in West Virginia?
In West Virginia, the security deposit limit is No statutory limit. The landlord must return the deposit within 60 days after the tenant moves out, along with an itemized list of any deductions.
How many days notice before eviction in West Virginia?
For nonpayment of rent, West Virginia requires 3 days notice before a landlord can file for eviction. For lease termination without cause, 30 days notice is typically required. The actual court process takes additional time.
Can I withhold rent in West Virginia if my landlord won't make repairs?
No, West Virginia does not allow tenants to withhold rent. Tenants should consult a local attorney about available remedies.
Does West Virginia have rent control?
No, West Virginia prohibits local rent control ordinances. Landlords can raise rent by any amount with proper notice.
How much notice must a landlord give before entering in West Virginia?
Landlords in West Virginia must give No requirement notice before entering, except in emergencies.
Relevant Statutes
The landlord-tenant laws of West Virginia are primarily found in W. Va. Code § 37-6-1 et seq.. These statutes cover security deposits, lease requirements, eviction procedures, landlord obligations, and tenant remedies. For the most current version of the law, consult your state legislature's website or a qualified attorney.
Explore More States
Use our landlord-tenant law lookup tool to quickly find laws for any state, or browse all 50 states compared side-by-side. Remember that local city ordinances may provide additional protections beyond what state law requires.
This information is provided for educational purposes only and is not legal advice. Consult a qualified attorney for legal guidance on your specific situation.