Morgantown renters are governed by West Virginia state law, which provides baseline protections on habitability and eviction but has fewer formal tenant safeguards than most states. Here is what every Morgantown tenant needs to know.·Updated June 2026
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Key Takeaways
Rent control: None — West Virginia has no rent control law and no city may enact it.
Security deposit: Landlord must return the deposit with an itemized list of deductions within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is sooner (W. Va. Code §§ 37-6A-1, 37-6A-2). Pursue magistrate court if it is wrongfully withheld.
Notice to vacate: Month-to-month tenants must receive notice equal to one rental period (typically 30 days) to terminate (W. Va. Code § 37-6-5).
Just-cause eviction: West Virginia does not require just cause to terminate a lease at expiration. Landlords must file in magistrate court.
Local resources: Legal Aid of West Virginia (lawv.net), Morgantown Housing Authority
1. Overview: Tenant Rights in Morgantown
Morgantown is the home of West Virginia University and one of the state's most active rental markets. Despite a large student and young-professional renter population, tenants in Morgantown are governed entirely by West Virginia state law — there are no city-level rent control measures, no local just-cause eviction ordinances, and no municipal security deposit rules. West Virginia's landlord-tenant statutes are relatively sparse compared to other states, so understanding exactly what the law does and does not require is essential for every renter.
2. Does Morgantown Have Rent Control?
Morgantown has no rent control, and West Virginia has no statewide rent control law. Landlords may raise rent by any amount, but must provide proper notice. For month-to-month tenancies, either party must give written notice equal to one full rental period — typically 30 days — before terminating or changing the terms of the tenancy (W. Va. Code § 37-6-5). Always review your lease for any notice requirements that may be longer than the statutory minimum.
3. West Virginia State Tenant Protections That Apply in Morgantown
West Virginia law provides the following key protections for Morgantown tenants:
Security Deposit: West Virginia law (W. Va. Code §§ 37-6A-1 and 37-6A-2) requires your landlord to return the security deposit, along with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever comes first (a landlord may take up to 15 additional days if a third-party contractor is needed to assess damages and gives you written notice). If a landlord wrongfully withholds your deposit, you will likely need to file in small claims (magistrate) court to recover it.
Habitability: West Virginia courts recognize an implied warranty of habitability. If your landlord refuses to make essential repairs affecting health or safety, you may have remedies in court. You can also contact local code enforcement for housing code violations.
Eviction Process: For nonpayment of rent, a landlord does not have to give advance notice and may file for eviction in magistrate court as soon as the rent is overdue, unless the lease requires a notice or cure period; a tenant can stop the eviction by paying all rent, interest, and court costs before trial. A court order is required before any tenant can be removed (W. Va. Code § 55-3A-1).
Self-Help Eviction Prohibited: Landlords cannot change locks, remove your belongings, or shut off utilities to force you out without a court order (W. Va. Code § 55-3A-1).
Retaliation: West Virginia has limited statutory retaliation protections. Document all communications in writing and contact legal aid if you believe your landlord is retaliating against you for requesting repairs or reporting code violations.
4. Security Deposit Rules in Morgantown
West Virginia law (W. Va. Code §§ 37-6A-1 and 37-6A-2) requires your landlord to return the security deposit, along with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever comes first (a landlord may take up to 15 additional days if a third-party contractor is needed to assess damages and gives you written notice). Your lease may add terms, but it cannot waive these statutory deadlines. If your landlord fails to return your deposit without a valid reason after you move out, your best recourse is to file a claim in West Virginia Magistrate Court (small claims), where cases up to $10,000 can be heard without an attorney. Document the condition of the unit at move-in and move-out with photos and written records.
5. Eviction Process and Your Rights in Morgantown
To evict a tenant in Morgantown, a landlord must use the magistrate court process. For nonpayment of rent, West Virginia does not require advance notice — the landlord may file a wrongful-occupation petition in magistrate court as soon as the rent is overdue (W. Va. Code § 55-3A-1), unless the lease requires a notice or cure period, and a tenant may stop the eviction by paying all rent, interest, and court costs before trial (W. Va. Code § 37-6-23). For lease termination on a month-to-month tenancy, one full rental period's notice is required (W. Va. Code § 37-6-5). If you do not vacate, the landlord must file for eviction in West Virginia Magistrate Court. You have the right to appear and contest the action. Only after a court judgment and writ of possession is issued can the landlord remove a tenant. Self-help eviction — lockouts, utility shutoffs, or removal of belongings — is prohibited under W. Va. Code § 55-3A-1.
6. Resources for Morgantown Tenants
Legal Aid of West Virginia — Free civil legal aid for low-income West Virginians statewide, including housing and eviction defense.
WV Free Legal Answers — Free online legal advice for low-income West Virginians on housing and civil matters.
This article provides general information about tenant rights in Morgantown, WV and is not legal advice. Laws change — verify current rules with a local attorney or legal aid organization.
Check Your Address
Find out if your home is covered by rent control or tenant protections.
No. Morgantown has no rent control ordinance, and West Virginia has no statewide rent control law. Landlords may raise rent by any amount, provided they give proper written notice (typically 30 days for month-to-month tenancies under W. Va. Code § 37-6-5).
How much can my landlord raise my rent in Morgantown?
There is no limit on rent increases in Morgantown or anywhere in West Virginia. For month-to-month tenancies, the landlord must provide written notice equal to one full rental period — typically 30 days — before a rent increase takes effect (W. Va. Code § 37-6-5). Check your lease for any specific notice requirements.
How long does my landlord have to return my security deposit in Morgantown?
West Virginia law (W. Va. Code §§ 37-6A-1 and 37-6A-2) requires your landlord to return the security deposit, along with a written itemization of any deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever comes first (a landlord may take up to 15 additional days if a third-party contractor is needed to assess damages and gives you written notice). If your landlord wrongfully withholds your deposit, you will need to file a claim in West Virginia Magistrate Court. Always document the unit's condition at move-in and move-out with photos and written records.
What notice does my landlord need before evicting me in Morgantown?
For nonpayment of rent, West Virginia does not require a landlord to give advance notice before filing for eviction in magistrate court — the landlord may file as soon as the rent is overdue (W. Va. Code § 55-3A-1), unless the lease requires a notice or cure period, and the tenant may stop the eviction by paying all rent, interest, and court costs before trial (W. Va. Code § 37-6-23). For a month-to-month tenancy termination, the landlord must give notice equal to one full rental period — typically 30 days (W. Va. Code § 37-6-5).
Can my landlord lock me out or shut off utilities in Morgantown?
No. Self-help eviction is prohibited in West Virginia. A landlord cannot change your locks, remove your belongings, or shut off utilities to force you out without first obtaining a court order (W. Va. Code § 55-3A-1). If this occurs, contact Legal Aid of West Virginia immediately.
What can I do if my landlord refuses to make repairs in Morgantown?
Send your repair request in writing and keep a copy. West Virginia courts recognize an implied warranty of habitability, so if your landlord refuses to make essential repairs, you may have remedies in court. You can also contact Morgantown's code enforcement office to report housing code violations. Contact Legal Aid of West Virginia (lawv.net) for guidance on your options.
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