WV
West Virginia Landlord-Tenant Laws
Security Deposit Limits
W. Va. Code
✅ Key Requirements
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- No statutory limit on deposit amount
- Landlord may charge any amount market will bear
- No special limits for furnished vs unfurnished units
- Can charge separate pet deposits (no limit)
- Application fees must be disclosed if nonrefundable
- +1 more requirements
Security Deposit Return Timeline
W. Va. Code
✅ Key Requirements
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- 60 days after termination of tenancy, OR
- 45 days after new tenant moves in (whichever is shorter)
- Must provide itemized list of deductions in writing
- If damages exceed deposit and require contractor: +15 days for itemization
- Must mail to tenant's last known or forwarding address
- +1 more requirements
Permitted Security Deposit Deductions
W. Va. Code
✅ Key Requirements
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- May deduct for unpaid rent
- May deduct for damages beyond normal wear and tear
- May deduct for unpaid utilities tenant was responsible for
- May deduct for removal/storage of abandoned property
- Cannot deduct for normal wear and tear
- +1 more requirements
Penalties for Wrongful Withholding
W. Va. Code
✅ Key Requirements
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- Tenant entitled to 1.5x damages (one and a half times) wrongfully withheld
- Tenant may recover court costs
- Tenant may recover reasonable attorney fees
- Applies if landlord misses deadline or fails to itemize
- Tenant may file in magistrate (small claims) court
- +1 more requirements
Security Deposit Record-Keeping
W. Va. Code
✅ Key Requirements
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- Must keep itemized deduction records for 1 year after tenancy ends
- Must allow tenant inspection within 72 hours of written request
- OR must mail copy within 7 days of request
- Records must be available during normal business hours
- Must itemize each deduction separately
- +1 more requirements
No Notice Required for Eviction
W. Va. Code
✅ Key Requirements
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- NO NOTICE REQUIRED for nonpayment of rent evictions
- NO NOTICE REQUIRED for lease violation evictions
- Landlord may file court action immediately
- NO cure period required (landlord's discretion)
- Recommended to give notice anyway to avoid court
- +1 more requirements
Eviction Court Process
W. Va. Code
✅ Key Requirements
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- File Petition for Summary Relief in Magistrate Court
- Hearing scheduled within 5-10 days (very fast)
- Tenant must file Answer within 5 days or default judgment issued
- Alternative: File Unlawful Detainer for possession + money damages
- Tenant may pay full amount due + costs to stop nonpayment eviction
- +1 more requirements
Unlawful Detainer Action
W. Va. Code
✅ Key Requirements
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- Allows landlord to seek possession + money damages together
- Hearing date later than wrongful occupation cases
- Tenant must file Answer within 5 days
- Tenant may request jury trial for disputed material issues
- Regular civil court procedures apply
- +1 more requirements
Writ of Possession and Physical Eviction
W. Va. Code
✅ Key Requirements
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- Only Sheriff may physically evict tenant (not landlord)
- Wrongful Occupation: automatic Sheriff order upon judgment
- Unlawful Detainer: landlord must request Sheriff eviction
- Sheriff comes to property to oversee removal
- Sheriff may use force if tenant refuses to leave
- +1 more requirements
Tenant Eviction Defenses
W. Va. Code
✅ Key Requirements
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- Defense: No lease violation actually occurred
- Defense: Property uninhabitable (must have given written notice)
- Defense: Retaliation for complaints to authorities
- Defense: Landlord breached lease or warranty of habitability
- Defense: Discrimination (federal Fair Housing Act)
- +1 more requirements
Terminating Month-to-Month Tenancy
W. Va. Code
✅ Key Requirements
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- 30 days' written notice for month-to-month
- Notice given at least 1 month before next rent due date
- 7 days' notice for week-to-week tenancies
- No cause required for termination
- Both landlord and tenant may terminate
- +1 more requirements
Fixed-Term Lease Termination
W. Va. Code
✅ Key Requirements
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- Year-to-year: tenant gives 3 months' notice
- Fixed-term leases end on specified date
- Landlord must give notice if not renewing (timing varies)
- 7 to 90 days' notice typically required for non-renewals
- If tenant stays past expiration without new agreement: holdover
- +1 more requirements
Landlord Habitability Obligations
W. Va. Code
✅ Key Requirements
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- Must deliver property in habitable condition at move-in
- Must comply with all building and housing codes
- Make all necessary repairs for safety and habitability
- Maintain all systems: electrical, plumbing, heating, A/C
- Keep kitchen facilities in safe working condition
- +1 more requirements
Tenant Maintenance Obligations
W. Va. Code
✅ Key Requirements
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- Pay rent on time as specified in lease
- Keep dwelling in safe and habitable state
- Remove garbage and trash properly
- Use fixtures reasonably (no waste or damage)
- Not disturb other tenants or neighbors
- +2 more requirements
Limited Tenant Repair Remedies
W. Va. Code
✅ Key Requirements
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- Tenant must give landlord written notice of needed repairs
- Landlord has 'reasonable time' to make repairs (no specific timeline)
- Tenant may sue for damages if landlord fails to repair
- Tenant may seek court order to force repairs
- Limited repair-and-deduct available (consult attorney)
- +2 more requirements
Landlord Right of Entry
W. Va. Code
✅ Key Requirements
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- No specific state statute on notice period
- Lease agreement controls if it specifies notice
- If lease silent: 'reasonable notice' required (typically 24-48 hours)
- Emergency entry allowed without notice
- May enter for inspections, repairs, showings
- +2 more requirements
Prohibition on Self-Help Eviction
W. Va. Code
✅ Key Requirements
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- Self-help eviction strictly prohibited
- Cannot change locks without court order
- Cannot shut off utilities to force tenant out
- Cannot remove tenant's belongings
- Cannot use intimidation or threats
- +2 more requirements
Retaliation Prohibited
W. Va. Code
✅ Key Requirements
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- Cannot evict for filing complaints with government agencies
- Cannot retaliate for tenant exercising legal rights
- Retaliation is valid defense in eviction proceedings
- Burden on tenant to prove retaliatory motive
- Protected activities: code complaints, rent withholding (if legal), reporting violations
- +1 more requirements
Abandoned Property After Eviction
W. Va. Code
✅ Key Requirements
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- Must store abandoned property for 30 days minimum
- May charge tenant for reasonable storage costs
- After 30 days, may sell or dispose of unclaimed property
- Exception: tenant gives written permission to dispose immediately
- Landlord must make reasonable effort to notify tenant
- +1 more requirements
Domestic Violence Victim Protections (New 2024)
W. Va. Code
✅ Key Requirements
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- Right to call police/emergency services without penalty (NEW 2024)
- Cannot waive right to call emergency services
- May terminate lease early due to domestic violence
- Pay rent for full termination month; future rent waived
- Landlord must give 24-hour notice before entry (NEW 2024)
- +1 more requirements
Rent Increase Restrictions
W. Va. Code
✅ Key Requirements
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- No rent increase during fixed-term lease (unless lease permits)
- For month-to-month: give 30 days' notice (to terminate and restart)
- No state rent control laws
- No maximum increase amount
- Increases must be non-discriminatory
- +1 more requirements
Late Fee Restrictions
W. Va. Code
✅ Key Requirements
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- No statutory limit on late fee amount
- Late fees governed by lease agreement
- Fees must be reasonable, not punitive
- No statutory grace period (unless in lease)
- Bounced check fee: $25 maximum per dishonored check
- +1 more requirements
Required Landlord Disclosures
W. Va. Code
✅ Key Requirements
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- Must disclose all nonrefundable fees in writing
- Lead paint disclosure for pre-1978 housing (federal)
- Must inform tenant of security deposit deduction terms
- No requirement to list owner names/addresses in lease
- Should specify in lease: rent amount, due date, late fees
- +1 more requirements