West Virginia Landlord-Tenant Law at a Glance
West Virginia allows a landlord to file for possession without first serving a notice for unpaid rent (W. Va. Code § 55-3A-1). Deposits have no cap and must be returned within 60 days, or 45 days if the unit is re-rented sooner.
How Long Does a Landlord Have to Return a Security Deposit in West Virginia?
A West Virginia landlord has 60 days after the tenancy ends, or 45 days if the unit is re-rented first, to return the deposit with an itemized list of deductions.
| Maximum Deposit | No statutory limit |
| Return Deadline | 60 days; 45 days if re-rented |
| Interest Required | No |
| Itemized Statement | Required |
| Statute Reference | W. Va. Code § 37-6A-2 |
How Much Can a Landlord Raise Rent in West Virginia?
West Virginia has no rent control and no cap on increases; a month-to-month change follows one month’s notice.
| Late Fee Limit | No statutory cap |
| Rent Control Status | No rent control |
| Rent Increase Notice | One month for month-to-month |
| Statute Reference | W. Va. Code § 37-6-5 |
How to Evict a Tenant in West Virginia
West Virginia lets a landlord file a petition for summary relief for possession as soon as rent is unpaid, without a prior notice.
| Non-Payment Notice | None required before filing |
| Month-to-Month Notice | One month |
| Statute Reference | W. Va. Code §§ 55-3A-1, 37-6-5 |
Can a Landlord Enter Without Permission in West Virginia?
West Virginia has no entry statute; the lease controls.
| Notice Required | No statutory period; follow the lease |
| Emergency Entry | Allowed |
What Must a West Virginia Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
What Repairs Is a Landlord Responsible For in West Virginia?
West Virginia landlords must keep the premises fit and habitable, and courts allow tenants to raise habitability defects when sued for rent.
What West Virginia landlords must maintain
- • Keep the premises fit and habitable and in compliance with codes (W. Va. Code § 37-6-30)
- • Maintain supplied electrical, plumbing, heating and appliances
What a West Virginia tenant can do
- • Raise breach of habitability as a defense to a rent claim
- • Court action for damages
| Statute Reference | W. Va. Code § 37-6-30 |