West Virginia takes a light-touch approach to landlord-tenant regulation. There is no rent control, no cap on security deposits, and no comprehensive habitability statute — courts supply an implied warranty instead. The deposit rules that do exist, in Chapter 37, Article 6A of the West Virginia Code, are detailed and carry real penalties: a landlord who willfully mishandles a deposit can owe one and a half times the amount wrongfully withheld (§ 37-6A-5).
General landlord-tenant matters live in Chapter 37, Article 6, and evictions run through magistrate court, which also handles civil claims up to $20,000 (§ 50-2-1). Because so much is left to the lease, the written agreement is the single most important document in a West Virginia tenancy — courts enforce what the parties signed unless a statute overrides it.
This guide covers deposits, pets, rent increases, repairs, disclosures, and eviction notices in West Virginia. It is general information, not legal advice — for a specific situation, contact Legal Aid of West Virginia or a licensed West Virginia attorney.
| Governing law | WV Code Chapter 37, Articles 6 and 6A |
|---|---|
| Security deposit cap | None set by statute |
| Deposit return deadline | Earlier of 60 days after termination or 45 days after a new tenant moves in |
| Wrongful withholding penalty | 1.5× the amount wrongfully withheld plus the deposit (§ 37-6A-5) |
| Nonpayment notice | Commonly 7 days pay-or-quit; verify current statute text |
| Small claims (magistrate) limit | $20,000 (§ 50-2-1) |
West Virginia Rental Law at a Glance
Article 6 of Chapter 37 covers tenancies and termination notices, Article 6A adds the residential security deposit rules, and Chapter 55 supplies the unlawful detainer procedure used in evictions. Federal law — notably the lead-based paint disclosure for pre-1978 housing — applies on top of state law.
West Virginia is a freedom-of-contract state: rent amounts, late fees, and many notice terms are whatever the parties agree to in the lease. That cuts both ways — a lease cannot waive the deposit protections of Article 6A, and § 37-6A-4 makes waiver provisions unenforceable — but it does mean a West Virginia-specific lease beats a generic national template.
Security Deposits: The 60-Day Window
West Virginia does not limit the size of a security deposit and does not require it to be held in a separate or interest-bearing account. What is regulated is the return: the landlord must return the deposit or send a written itemization of deductions, together with the balance, within the earlier of 60 days after the tenancy ends or 45 days after the next tenant moves in (§ 37-6A-1(7)).
Deductions are allowed for unpaid rent and late fees, unpaid utilities the tenant owed, damages beyond normal wear and tear, removal and storage of abandoned personal property, and other charges the lease permits. The itemization must specify each deduction and the cost of repairs, and the landlord must keep records for one year and let the tenant inspect them within 72 hours of a written request (§ 37-6A-3).
- ✓If the noncompliance is willful or not in good faith, the tenant wins the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, and the action can be filed in magistrate or circuit court (§ 37-6A-5).
- ✓A pet fee or application fee is not a security deposit if the parties agree in writing that it is nonrefundable (§ 37-6A-1(14)) — label these charges explicitly so they are not treated as refundable deposits at move-out.
- ✓Practical tip for tenants: give a written forwarding address, photograph the unit, and ask to inspect the landlord’s deduction records before the return window closes.
Pet Deposits and Nonrefundable Fees
West Virginia imposes no cap on pet deposits or pet rent. The distinction that matters is between a refundable pet deposit and a nonrefundable pet fee: only a pet fee that the parties expressly agree, in writing, is nonrefundable escapes the security deposit rules (§ 37-6A-1(14)). Otherwise, money handed over for a pet is treated as a refundable deposit.
Service and assistance animals are not pets for fair housing purposes, so pet deposits and pet fees should not be charged for them. A West Virginia pet addendum should state the deposit or fee, identify the pet, and spell out the tenant’s responsibility for damage and waste cleanup.
Rent Increases and Notice in West Virginia
West Virginia has no rent control — state or local — so a landlord may raise rent by any amount, subject only to notice and anti-retaliation rules. A fixed-term lease locks the rent for the term; an increase applies at renewal. For a month-to-month tenancy, the notice required to change the rent follows the termination rules of § 37-6-5: one full rental period (30 days for a month-to-month tenancy, 7 days for a week-to-week tenancy).
Landlords should send increases in writing with the full-period notice and keep proof of delivery, and tenants should check the lease’s notice provision before assuming a number. A rent increase used to punish a tenant for reporting code violations or exercising a legal right can be challenged as retaliation.
Habitability, Repairs, and Disclosures
West Virginia has no comprehensive statewide habitability statute, but West Virginia courts recognize an implied warranty that rental premises are fit for human habitation, and landlords must keep the property in a condition that does not endanger health or safety. Statutory repair-and-deduct is not broadly available in West Virginia — tenants should put repair requests in writing and, if the landlord ignores them, contact the local code enforcement office before trying self-help.
Disclosure duties are modest. The federal lead-based paint rule applies to pre-1978 housing; a managing agent who fails to disclose the owner’s name is treated as the landlord (§ 37-6A-1(5)); and a landlord may use submetering, energy allocation equipment, or ratio utility billing (RUBS) for utilities only if the rental agreement provides for it (§ 37-6A-1(17)). There is no statewide mold or bed bug disclosure requirement — confirm any local ordinance or code text before relying on this.
Evictions in West Virginia
For nonpayment and other lease violations, West Virginia landlords commonly serve a written pay-or-quit or cure-or-quit notice — practice and most guides describe a 7-day notice for lease violations, while a no-cause termination of a month-to-month tenancy takes a 30-day notice (verify the current text of § 55-3-1 and the lease before relying on a specific number). After the notice expires, the landlord files an unlawful detainer action in magistrate court, where evictions can move quickly.
A tenant served with an eviction summons should appear and respond in writing; an unanswered summons risks a default judgment. Legal Aid of West Virginia provides free civil legal help, and state housing programs can connect tenants with rental assistance. Self-help evictions — changing locks or removing belongings without a court order — are not legal.
Resolving Disputes in West Virginia
Magistrate court handles landlord-tenant civil claims up to $20,000, including unlawful entry and detainer of residential rental property (§ 50-2-1). Deposit cases under Article 6A can be filed in magistrate or circuit court, and a prevailing tenant recovers the unreturned deposit plus 1.5× damages for willful or bad-faith noncompliance.
Start with a written demand letter citing § 37-6A-5 and setting a deadline; most disputes settle before filing. Bring the lease, photos, the itemized statement, and payment records to court. Legal Aid of West Virginia and the West Virginia State Bar’s lawyer referral service can help find low-cost assistance.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.