West Virginia Tenant Rights Guide

Last updated: April 2026

West Virginia has no rent control. The state's landlord-tenant law is limited — there is no specific security deposit return timeline in statute, no comprehensive habitability code, and few formal tenant remedies. Your lease terms and local housing codes are your main protections.

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

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 has no specific statute requiring landlords to return security deposits within a set timeframe. Your lease should specify terms. You may need to pursue 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

Landlords must provide written notice (3 days for nonpayment of rent) and then file for eviction in magistrate court. 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.

Major Cities in West Virginia

  • Charleston — No rent control; West Virginia state law applies.
  • Huntington — No rent control; West Virginia state law applies.
  • Morgantown — No rent control; West Virginia state law applies.

West Virginia Tenant Resources

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