Tenant Rights in Morgantown, West Virginia

Last updated: April 2026

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.

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Key Takeaways

  • Rent Control: None — West Virginia has no rent control law and no city may enact it.
  • Security Deposit: No statutory return deadline; your lease terms govern. Pursue small claims court if a deposit 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 has no specific statute requiring landlords to return security deposits within a set timeframe or provide an itemized statement. Your lease should specify return terms. 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: Landlords must provide written notice — 3 days for nonpayment of rent — and then file for eviction in magistrate court. 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

Unlike most states, West Virginia has no statute mandating when a landlord must return a security deposit or requiring an itemized statement of deductions. Your lease agreement is the primary governing document. Review it carefully for any deadlines and conditions. 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 first provide the required written notice. For nonpayment of rent, that is typically 3 days' written notice to pay or vacate (W. Va. Code § 55-3A-1). 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

Frequently Asked Questions

Does Morgantown have rent control?

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 has no statute setting a deadline for security deposit returns. Your lease terms govern. 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, a landlord must provide 3 days' written notice to pay or vacate before filing for eviction in magistrate court (W. Va. Code § 55-3A-1). 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.

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.

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