West Virginia Tenant Rights Guide

Last updated: April 2026

West Virginia has no rent control. The state's landlord-tenant law is limited, but it does set a statutory security-deposit return deadline (W. Va. Code §§ 37-6A-1 and 37-6A-2): the landlord must return the deposit with a written itemization of deductions within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is sooner. There is no comprehensive habitability code and few formal tenant remedies, so your lease terms and local housing codes remain important protections.

West Virginia at a Glance

Rent control: None
Statewide rent cap: None — landlords can raise rent by any amount
Preemption: West Virginia has no rent control law and no city has enacted one. West Virginia's landlord-tenant law is minimal and does not follow the URLTA framework.

What Protections West Virginia Tenants Do Have

Even without rent control, West Virginia law gives renters meaningful rights in these areas:

Security Deposit

West Virginia law (W. Va. Code §§ 37-6A-1 and 37-6A-2) requires landlords to return the security deposit, 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 is sooner. You may pursue magistrate (small claims) court if a deposit is improperly withheld.

Notice to Terminate

Month-to-month tenancies require notice equal to one rental period (typically 30 days) for either party to terminate (W. Va. Code § 37-6-5).

Habitability

West Virginia recognizes an implied warranty of habitability under common law. If your landlord refuses to make essential repairs, you may have remedies in court. Contact local code enforcement for housing code violations.

Eviction Process

For nonpayment of rent, West Virginia does not require advance notice — the landlord may file for eviction in magistrate court as soon as the rent is overdue (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. Self-help eviction is prohibited (W. Va. Code § 55-3A-1).

Retaliation

West Virginia has limited statutory retaliation protections. Document all communications and contact legal aid if you believe your landlord is retaliating for a repair complaint or code report.

Check your address to see what tenant protections apply to your rental.

Major Cities in West Virginia

Beckley — No rent control; West Virginia state protections apply.
Charleston — No rent control; West Virginia state law applies.
Clarksburg — No rent control; West Virginia state protections apply.
Fairmont — No rent control; West Virginia state protections apply.
Huntington — No rent control; West Virginia state law applies.
Martinsburg — No rent control; West Virginia state protections apply.
Morgantown — No rent control; West Virginia state law applies.
Oak Hill — No rent control; West Virginia state protections apply.
Parkersburg — No rent control; West Virginia state protections apply.
South Charleston — No rent control; West Virginia state protections apply.
St. Albans — No rent control; West Virginia state protections apply.
Vienna — No rent control; West Virginia state protections apply.
Weirton — No rent control; West Virginia state protections apply.
Wheeling — No rent control; West Virginia state protections apply.

West Virginia Tenant Resources

These organizations offer free or low-cost help to West Virginia renters:

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 other civil matters.
WV AG – Consumer Protection — State resources for housing complaints and tenant guidance.

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