West Virginia Landlord-Tenant Law

When a reversion or other property is transferred, the transferee acquires the same rights against the lessee as the original landlord had, including the right to re-enter for breach of covenant and to collect rent. Covenants run with the land upon transfer of a reversion.

A lessee has the same remedies against the transferee of a reversion as against the original landlord for breach of covenant, including the right to set off, recoupment, or counterclaim.

The transfer of rent, reversion, or remainder does not affect any right of re-entry for breach of covenant that existed before the transfer. A right of re-entry may be reserved upon the transfer of a reversion.

An attornment by a tenant to a stranger is void and does not affect the rights of the landlord unless made with the landlord's consent or pursuant to a court judgment.

A tenancy from year to year may be terminated by either party giving three months' notice in writing before the end of any year of tenancy. A tenancy from month to month may be terminated by either party giving one month's notice in writing. A tenancy from week to week may be terminated by either party giving one week's notice in writing. In the absence of a rental agreement specifying a longer notice period, a tenancy at will may be terminated by either party giving thirty days' notice in writing.

If a tenant deserts or abandons leased property, the landlord may enter and retake possession. The landlord may recover rent due for the period during which the property was abandoned and may re-let the property on the tenant's behalf, applying the proceeds to reduce the rent owed. If a tenant abandons personal property in the dwelling unit, the landlord shall give written notice to the tenant at the tenant's last known address, informing the tenant that the property will be disposed of after 30 days unless claimed. If the property is not claimed within 30 days of notice, the landlord may dispose of the property as the landlord sees fit. The landlord is not liable for the value of properly noticed abandoned property that is disposed of after the 30-day period.

When a landlord re-lets abandoned property under § 37-6-6, any rent received from re-letting reduces the amount owed by the original tenant. The original tenant remains liable for any shortfall between the rent received and the rent due under the original lease.

A tenant who has been unlawfully removed or excluded from leased property by the landlord may recover possession of the property by filing an appropriate action. The tenant may also recover damages caused by the unlawful removal or exclusion.

A landlord may recover unpaid rent by distress (seizure of tenant's goods) or by action at law. In an action for rent, the existence and terms of the tenancy may be proven by any competent evidence. Interest accrues on overdue rent at the legal rate.

Rent may be recovered by the person to whom it is due at the time it falls due, or by the heirs, personal representatives, or assigns of such person. A landlord who has transferred the property may still recover rent that was due before the transfer.

Every person who has taken possession of land under a lease is liable for rent during their occupation. An executor or administrator of a deceased tenant who continues to occupy or sublets the leased property is liable for rent accruing after the death. Upon the death of a tenant, the lease may be terminated by the personal representative of the deceased tenant by giving thirty days' written notice to the landlord.

A landlord may distrain (seize) the goods and chattels of a tenant found upon the leased premises for unpaid rent at any time while the goods remain on the premises. Distress is commenced by obtaining a warrant from a magistrate. A landlord may not distrain goods belonging to a third party that are merely stored on the premises unless the third party has consented.

All goods and chattels of the tenant found upon the leased premises are subject to distress for rent except: wearing apparel of the tenant and the tenant's family; tools and implements of the tenant's trade or occupation to a value not exceeding $50; bedsteads, beds, and bedding of the tenant and family; and fuel, food, and provisions sufficient for the tenant and family for 30 days.

If a distress warrant is issued, the officer executing it may make a forcible entry into the leased premises to seize the goods if necessary, but must not damage the premises beyond what is reasonably necessary.

If a landlord commits an unlawful act with respect to goods seized under distress, the landlord is liable to the tenant for double the value of the goods improperly handled.

When rent is payable in commodities or services rather than money, a landlord may still seek distress or attachment in an amount equal to the value of the commodities or services due.

A landlord may obtain an attachment against a tenant's property for unpaid rent in the same manner as other creditors, subject to the applicable rules of civil procedure.

A third party with a valid lien on goods located on leased premises may remove those goods before distress is levied, provided the third party pays the landlord any rent due for the preceding three months.

A landlord may seek reentry, ejectment, or unlawful detainer to recover possession of leased property when the tenant has breached the lease or the tenancy has terminated. A landlord may obtain a judgment by default if the tenant fails to appear or respond to a properly served complaint for possession.

A court may grant relief against forfeiture of a lease upon such terms as are equitable, including payment of all rent due and arrears together with costs and damages.

A mortgagee or trustee who takes possession of leased property does so subject to the rights of any existing tenants whose leases were created before the mortgage or deed of trust.

A court of equity may enjoin an action for ejectment or unlawful detainer where the circumstances justify equitable relief, such as where the tenant has a valid defense or the landlord's conduct was inequitable.

Payment of all rent due, costs, and damages, or the granting of equitable relief, bars further proceedings on the same breach.

When a landlord has re-entered leased premises for breach of covenant, the landlord may record a certificate of re-entry with the county clerk. Such recordation provides constructive notice to subsequent parties.

The clerk of the court is entitled to reasonable fees for services rendered in connection with landlord-tenant proceedings as provided by applicable law.

After a landlord has re-entered leased premises for nonpayment of rent or breach of covenant, the tenant may be reinstated to possession by paying all rent due, arrears, costs, and damages within the time period allowed by the court.

Minor defects or irregularities in the proceedings for re-entry or in the certificate of re-entry do not invalidate the re-entry if the landlord had a lawful right to re-enter and the tenant was not prejudiced by the defect.

If a building on leased premises is destroyed or becomes unfit for occupancy through no fault of the tenant, and the lease does not otherwise provide, the tenant may surrender possession and be relieved of further rent obligations. The rent abates proportionately for the period of untenantability.

If all or a portion of leased land is taken by eminent domain during the lease term, the tenant may terminate the lease if the taking renders the premises substantially unfit for the intended use. If only part is taken, rent abates proportionately to the portion taken.

With respect to residential property, a landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and thereafter maintain the leased property in such condition; (2) Maintain the leased property in a condition that meets applicable health, safety, fire, and housing codes, unless the failure is the fault of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent; (3) In multiple housing units, keep clean, safe, and in repair all common areas remaining under the landlord's control that are maintained for the use and benefit of tenants; (4) Make all repairs necessary to keep the premises fit and habitable, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a family member, or permitted person; (5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators supplied or required by written or oral agreement or by law; (6) In multiple housing units, provide and maintain appropriate conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to occupancy; and (7) With respect to dwelling units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and reasonable heat between October 1 and the last day of April, except where running water, heat, or hot water is generated by an installation within the exclusive control of the tenant. (b) If a landlord's duty under the rental agreement exceeds a duty imposed by this section, that portion of the rental agreement imposing a greater duty shall control. (c) None of the provisions of this section shall be deemed to require the landlord to make repairs when the tenant is in arrears in payment of rent. (d) 'Multiple housing unit' means a dwelling which contains a room or group of rooms located within a building or structure forming more than one habitable unit for occupants for living, sleeping, eating and cooking.

The following arrangements are not covered by Article 6: (1) Residence at a public or private institution if incidental to detention or the provision of medical, geriatric, educational, counseling, religious, or similar services; (2) Occupancy in a campground as defined by applicable law; (3) Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of that organization; (4) Transient occupancy in a hotel, motel, or similar transient lodging; (5) Occupancy under a contract of sale of a dwelling unit if the occupant is the purchaser; (6) Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; and (7) Occupancy by an employee of the landlord whose right to occupancy is conditioned upon employment.

Key definitions for Article 6A include: 'Action' means recoupment, counterclaim, set off or other civil suit and any other proceeding in which rights are determined. 'Application fee' means any deposit of money paid by a tenant to a landlord for the purpose of being considered as a tenant for a dwelling unit. 'Dwelling unit' means a structure or part of a structure used as a home or residence by one or more persons who maintain a household, including a manufactured home. 'Facility' means something that is built, constructed, installed or established to perform some particular function. 'Landlord' means the owner or lessor of the dwelling unit or the building; includes a managing agent who fails to disclose the name of the owner or lessor. 'Managing agent' means a person authorized by the landlord to act on behalf of the landlord under a management agreement. 'Premises' means a dwelling unit and the structure of which it is a part, and grounds, areas, and facilities held out for the use of tenants. 'Rent' means all money other than a security deposit, a nonrefundable fee, or money paid for damage caused by the tenant, owed or paid to the landlord under the rental agreement. 'Rental agreement' means all agreements, written (including electronic records) or oral, express or implied, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. 'Roomer' means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility in a structure where one or more major facilities are used in common. 'Security deposit' means any refundable deposit furnished by a tenant to a landlord to secure performance or as security for damages. Security deposit does not include rent, a pet fee, or an application fee if the parties expressly agree in writing that such fee is nonrefundable; does not include prepaid rent. 'Sublease' means the transfer by any tenant of any but not all interests created by a rental agreement. 'Tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. 'Utility' means electricity, natural gas, propane gas, water, sewer, telephone, and cable television provided by a public utility; landlord may use submetering equipment or ratio utility billing system if rental agreement so provides.

(a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant together with a written itemization of any deductions. (b) Upon termination of the tenancy, any security deposit may be applied by the landlord only to: (1) the payment of rent due including reasonable late charges; (2) the payment of damages suffered by the landlord by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) the payment of unpaid utilities billed to and paid by the landlord that are the obligation of the tenant under the rental agreement; (4) the payment of reasonable costs for the removal and storage of the tenant's personal property; and (5) other damages or charges provided in the rental agreement including third-party contractor costs for tenant-caused damage. (c) If damages exceed the security deposit and require a third-party contractor, the landlord shall give written notice to the tenant within the applicable notice period; the landlord then has an additional 15 days to provide an itemization of damages and repair costs. (d) The security deposit may not be used as an immediate credit against delinquent rent. (e) The holder of the landlord's interest at the time of termination is bound by this section and must return any security deposit owed to the tenant, regardless of whether the deposit was transferred with the property. (f) If the tenant has an assignee or sublessee, the landlord may hold a security deposit from only one party. (g) Delivery of a security deposit or notice may be made by personal delivery or by mail to the tenant's last known address or forwarding address. If mail is returned as non-deliverable, the landlord shall hold the deposit for six months and make it available to the tenant or their authorized agent within 72 hours of a written request during normal business hours.

A landlord shall: (1) maintain and itemize records for each tenant of all deductions from security deposits made by reason of the tenant's noncompliance with the rental agreement or for any other authorized reason during the preceding two years; and (2) permit a tenant or the tenant's authorized agent or attorney to inspect those records at any time during normal business hours.

A rental agreement shall not contain any provision by which the tenant waives any rights or remedies provided to the tenant under this article. Any such waiver provision in a rental agreement is void and unenforceable.

(a) If a landlord fails to comply with any of the provisions of this article and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for: (1) the amount of any unreturned security deposit; and (2) damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to any amount awarded to the tenant to be credited against any rent due to the landlord. (b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located. (c) This section does not limit rights or remedies available to a landlord or tenant under any other law.

(a) The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes. (b) The provisions of this article do not apply to agreements for the payment of security deposits entered into prior to the effective date of this article.