How much notice does a landlord have to give before eviction in West Virginia?

West Virginia sets specific notice periods that depend on the reason for eviction: non-payment of rent, lease term breach, or end of lease term. Notice must generally be in writing and served correctly to be valid. The eviction section above details the required notice for each case in West Virginia; in most situations, a landlord must go through the courts before removing a tenant, changing the locks, or shutting off utilities, but state-by-state exceptions can apply (e.g., abandonment statutes), so review the state guide below before acting.

What habitability standards must landlords meet in West Virginia?

Under West Virginia law, landlords are generally responsible for keeping the unit safe and livable: working heat, hot water, plumbing, electrical, locks, and a structurally sound building. If you report a serious habitability problem in writing and the landlord fails to fix it within a reasonable time, many states let you pursue remedies like repair-and-deduct, rent withholding, or lease termination, but the available remedies and the procedures to use them vary by state, and a few states do not recognize all of them. See the habitability section above for the procedures that apply in West Virginia.

State Reference Guide · South

West Virginia
Tenant Rights.

This guide provides an overview of the laws governing the relationship between landlords and tenants in the State of West Virginia. West Virginia law is found primarily in Chapter 37 (Real Property) and Chapter 55 (Actions and Suits) of the West Virginia Code.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

Deposit Return Timeline

60 Days

or 45 if re-rented

Notice to Enter

No Statutory Minimum

24h recommended

Eviction Notice (Nonpayment)

None Required

by law, check lease

Rent Control

No Limits

on rent increases

What rights do tenants have in West Virginia?

Tenants in West Virginia are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in West Virginia sometimes add stronger protections on top of these state-wide rules.

MONEY

Security Deposits

West Virginia law specifically regulates how security deposits are handled to ensure tenants receive their money back if they have maintained the property.

Maximum Amount

West Virginia law does not set a limit on how much a landlord can charge for a security deposit. This is determined solely by the lease agreement.

Return Deadline

The landlord must return the security deposit (minus any lawful deductions) within 60 days of the end of the tenancy or within 45 days of a new tenant moving in, whichever is shorter (W. Va. Code § 37-6A-1(7); W. Va. Code § 37-6A-2).

Itemization Requirements

If the landlord keeps any portion of the deposit, they must provide a written, itemized list of damages and the costs associated with them within the same 60-day (or 45-day) window.

Lawful Deductions

Landlords may deduct for: - Unpaid rent or utility charges.Damage to the property exceeding "normal wear and tear."Cleaning or trash removal costs, if specified in the lease.

Penalties for Non-Compliance

If a landlord fails to return the deposit or provide the itemized list within the required timeframe, the tenant may sue for the amount due plus an additional sum for annoyance and inconvenience equal to one and a half (1.5) times the amount wrongfully withheld, plus attorney's fees (W. Va. Code § 37-6A-5(a)(2)).

NOTICE

Eviction Notices and Process

In West Virginia, eviction is a legal process known as "Unlawful Entry and Detainer." Landlords cannot physically remove you or change the locks without a court order.

Nonpayment of Rent

Surprisingly, West Virginia law does not require a specific notice period for nonpayment of rent unless the lease says otherwise. A landlord can technically file for eviction in court the day after rent is late (W. Va. Code § 37-6-19). - Note: Most written leases will grant a 3-to-10-day "grace period" or notice requirement. If your lease provides for a notice period, the landlord must follow it.

Lease Violations

Similar to nonpayment, the law does not mandate a specific "cure" period (time to fix the problem) unless required by the lease.

Month-to-Month Termination

To end a month-to-month lease where there is no violation, either party must give a written notice at least one full rental period in advance (usually 30 days) (W. Va. Code § 37-6-5).

Self-Help Eviction

It is illegal for a landlord to shut off utilities, change locks, or remove a tenant's belongings to force them out without a court order.

NOTICE

Landlord Entry Requirements

West Virginia is one of the few states that does not have a statute requiring a specific notice period (like 24 or 48 hours) before a landlord enters a rental unit.

General Rule

Entry is governed by the terms of your lease. If the lease is silent, the law implies a "Covenant of Quiet Enjoyment," meaning the landlord should only enter at reasonable times and with reasonable notice for repairs or inspections.

Emergency Exceptions

In emergencies (fire, flooding, gas leak), a landlord can always enter without notice.

MONEY

Rent Control and Preemption

Rent Control Status

Rent control does not exist in West Virginia. Landlords can increase rent by any amount, provided they give notice equal to one full rental period (30 days for month-to-month).

State Preemption

While there is no specific state law "forbidding" cities from passing rent control, the general structure of West Virginia property law makes it highly unlikely that a municipality could legally enact rent control without state legislative approval.

SAFETY

Habitability and Repairs

Every residential lease in West Virginia contains an "Implied Warranty of Habitability."

The Standard

Landlords must maintain the property in a condition that is fit for human habitation. This includes complying with health, safety, and building codes, and ensuring that electrical, plumbing, heating, and ventilation systems are in good working order (W. Va. Code § 37-6-30).

Repair and Deduct

West Virginia does not have a statutory "repair and deduct" law. Tenants should be extremely cautious about withholding rent or paying for repairs and deducting the cost from the rent. Doing so can lead to eviction for nonpayment.

Tenant Recourse

If a landlord fails to make essential repairs (e.g., no heat in winter), the tenant's primary legal remedy is to sue for a "rent abatement" (a reduction in rent) or to move out and claim "constructive eviction," which usually requires the help of an attorney.

SAFETY

Retaliation Protections

West Virginia law provides limited protections against landlord retaliation compared to other states.

Protected Activities

A landlord cannot evict a tenant or decrease services solely because the tenant has complained to a government agency about a building code violation or requested repairs that affect health and safety.

Legal Standing

While the statute is not as robust as the Uniform Residential Landlord and Tenant Act (URLTA), West Virginia courts have historically recognized retaliation as a defense in eviction cases.

LEASE

Lease Requirements and Disclosures

Written vs. Oral

Leases for more than one year must be in writing to be enforceable (W. Va. Code § 36-1-3). Oral leases for shorter terms are legal but difficult to prove in court.

Late Fees

There is no state limit on late fees, but they must be "reasonable" and clearly stated in the lease.

Disclosures

Lead-Based Paint: (Federal Law) For buildings built before 1978.Non-Refundable Fees: Any fee that is non-refundable (like a pet fee or cleaning fee) must be explicitly labeled as "non-refundable" in the lease, or it may be treated as a security deposit and subject to the return rules.

Summary

Quick reference table.

Feature	WV Law / Statute	Detail
Security Deposit Limit	None	Determined by lease.
Deposit Return Timeline	W. Va. Code § 37-6A-2	60 days (or 45 if re-rented).
Notice to Enter	None (Lease-based)	No statutory minimum; 24h recommended.
Eviction Notice (Nonpayment)	W. Va. Code § 37-6-19	None required by law (check lease).
Habitability Standard	W. Va. Code § 37-6-30	Safe, sanitary, and code-compliant.
Repair and Deduct	Not recognized	Highly discouraged without legal counsel.
Rent Control	Preempted/Non-existent	No limits on rent increases.

Cities with local protections

These West Virginia cities layer extra tenant protections on top of state law: Cross Lanes, Dunbar, Huntington, Morgantown, Shepherdstown.

Common Questions

Frequently Asked

Security deposit limits in West Virginia are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the West Virginia statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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