West Virginia · Renters' rights · Updated Oct 2026
West Virginia tenant rights
Security deposits, repairs, landlord entry, notices and evictions in West Virginia, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for West Virginia renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in West Virginia
- Limit
- No statewide limit.
- Deadline to return it
- The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first. If damages are more than the deposit and need an outside contractor, the landlord must tell you in writing within that period and then has 15 more days to itemize. Delivery is in person or by mail to your last known or forwarding address. You must give the landlord an accurate address; if mail comes back, the landlord holds it for 6 months for you to pick up.
- Itemized list
- Yes, a written itemization of damages and other charges, delivered with the balance within the notice period. Receipts are not required by the law.
- What may be deducted
- Unpaid rent (including reasonable late charges in the lease); damage from your breaking the lease, less reasonable wear and tear; utility bills you owed that the landlord paid; reasonable costs to remove and store your belongings; and other damages or charges listed in the lease, including a contractor's cost to repair damage you caused.
- Interest
- No statute requires interest.
- If the landlord keeps it wrongly
- If the landlord's violation was willful or not in good faith: the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld (credited against any rent you owe). File in magistrate or circuit court in the county where the rental is.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In West Virginia: Delivery is in person or by mail to your last known or forwarding address.
- Wait for the deadline: The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025. Small claims court in West Virginia on Small Claims Map
Repairs in West Virginia
- The landlord's duty
- The landlord must deliver the home fit and habitable and keep it that way, meet health, safety, fire and housing codes, keep common areas clean and safe, make repairs needed for habitability, keep electrical, plumbing, heating, ventilation, air conditioning and supplied appliances working, provide trash removal in multi-unit buildings, and supply running water, reasonable hot water, and reasonable heat from October 1 to April 30 (where supplied by public utility connections). The landlord does not have to make repairs while you are behind on rent. W. Va. Code 37-6-30.
- How to ask for repairs
- No statutory notice procedure. Ask in writing, keep a copy, and contact your local health department or code office for an inspection.
- Repair and deduct
- No statute. West Virginia law does not give a repair-and-deduct right.
- Withholding rent
- No statute allows it. If the landlord sues to evict you for unpaid rent, you can raise the landlord's breach of a material duty (such as habitability) as a defense, and the court will hold a hearing (W. Va. Code 55-3A-3(b)). Withholding rent is risky; get legal advice first.
- Law
- W. Va. Code 37-6-30, 55-3A-3
Landlord entry in West Virginia
No statute. West Virginia law does not set a notice period for landlord entry; check your lease.
Eviction in West Virginia
- Notice for unpaid rent
- No statewide pre-filing notice is required by the summary eviction statute. A landlord can file a petition for 'wrongful occupation' when rent is in arrears. Check your lease for any notice it promises.
- Notice for a lease violation
- No statewide cure notice. A landlord can file for breach of a lease covenant or for damage to the property.
- Ending a month-to-month tenancy
- Either side: notice for one full rental period before the end of a period (for month-to-month, one full month), unless the lease says otherwise. Year-to-year: 3 months before the end of the year. No notice is needed for a lease that ends on a fixed date. W. Va. Code 37-6-5.
- Time to respond to an eviction lawsuit
- The hearing is set 5 to 10 judicial days after the landlord files. The notice tells you that you may file and serve a written defense within 5 days after you receive it. If you don't appear or file any answer by the hearing, the court will order immediate possession to the landlord. A court form 'Answer: Wrongful Occupation of Residential Rental Property' is available. W. Va. Code 55-3A-1, 55-3A-3.
- Lockouts and utility shutoffs
- No specific lockout statute was found. The legal process for removing a tenant is a court order carried out by the sheriff (W. Va. Code 55-3A-3(f)). Get legal help if you are locked out or your utilities are cut off.
- Court self-help
- The court's eviction self-help page
- Law
- W. Va. Code 37-6-5, 55-3A-1 to 55-3A-3
Rent increases and rent control in West Virginia
- Notice of a rent increase
- No statute. For a month-to-month tenancy, a landlord can change the rent by ending the tenancy with one month's notice.
- Rent control
- No statewide rent control. Ask your city whether any local rule applies.
Late fees in West Virginia
No statute sets a late fee limit. Late charges must be 'reasonable' and in the lease to be taken from the deposit (W. Va. Code 37-6A-2(b)(1)).
Retaliation in West Virginia
No retaliation statute was found. The eviction statute lists 'retaliatory eviction' as an issue that can be raised on appeal (W. Va. Code 55-3A-3(g)), and West Virginia courts recognize it as a defense. If you think an eviction is payback for a complaint, talk to legal aid quickly.
Small claims court in West Virginia
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025.
Where to get free help in West Virginia
Good to know in West Virginia
- Evictions move fast: the hearing is 5 to 10 judicial days after filing, and you can file a written defense within 5 days of getting notice.
- Your landlord has up to 60 days to return your deposit (or 45 days after a new tenant moves in, if sooner).
- West Virginia has no statute letting you withhold rent or repair-and-deduct, so get legal advice before stopping rent.
Recent law changes
HB 3272 (2025, effective July 11, 2025) amended W. Va. Code 55-3A-1: the court schedules the eviction hearing when the petition is filed, 5 to 10 judicial days after filing, and the notice must tell you that you may file a written defense within 5 days after you receive it. The 2022-2024 bills touching 37-6A-5 (SB 590, SB 147, SB 165) did not become law (the code site lists only the 2011 act as signed), so the 1.5x deposit penalty stands. HB 4570 (2026, posting of summons) passed the House but stalled in Senate Judiciary.
Free tools for West Virginia renters
Pre-set for West Virginia. They run in your browser and send nothing.
Deposit return calculator for West Virginia
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for West Virginia
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for West Virginia
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for West Virginia
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in West Virginia
How much can a landlord charge for a security deposit in West Virginia?
No statewide limit.
How long does a landlord have to return a security deposit in West Virginia?
The landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever comes first. If damages are more than the deposit and need an outside contractor, the landlord must tell you in writing within that period and then has 15 more days to itemize. Delivery is in person or by mail to your last known or forwarding address. You must give the landlord an accurate address; if mail comes back, the landlord holds it for 6 months for you to pick up.
What can I do if my landlord won't return my deposit in West Virginia?
If the landlord's violation was willful or not in good faith: the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld (credited against any rent you owe). File in magistrate or circuit court in the county where the rental is.
What can a landlord deduct from a security deposit in West Virginia?
Unpaid rent (including reasonable late charges in the lease); damage from your breaking the lease, less reasonable wear and tear; utility bills you owed that the landlord paid; reasonable costs to remove and store your belongings; and other damages or charges listed in the lease, including a contractor's cost to repair damage you caused.
Does a landlord have to pay interest on a security deposit in West Virginia?
No statute requires interest.
How do I ask my landlord for repairs in West Virginia?
No statutory notice procedure. Ask in writing, keep a copy, and contact your local health department or code office for an inspection.
Can I repair and deduct the cost from rent in West Virginia?
No statute. West Virginia law does not give a repair-and-deduct right.
Can I withhold rent for repairs in West Virginia?
No statute allows it. If the landlord sues to evict you for unpaid rent, you can raise the landlord's breach of a material duty (such as habitability) as a defense, and the court will hold a hearing (W. Va. Code 55-3A-3(b)). Withholding rent is risky; get legal advice first.
How much notice does a landlord need to enter in West Virginia?
No statute. West Virginia law does not set a notice period for landlord entry; check your lease.
How much notice does a landlord have to give for unpaid rent in West Virginia?
No statewide pre-filing notice is required by the summary eviction statute. A landlord can file a petition for 'wrongful occupation' when rent is in arrears. Check your lease for any notice it promises.
How much notice for a lease violation in West Virginia?
No statewide cure notice. A landlord can file for breach of a lease covenant or for damage to the property.
How much notice is needed to end a month-to-month lease in West Virginia?
Either side: notice for one full rental period before the end of a period (for month-to-month, one full month), unless the lease says otherwise. Year-to-year: 3 months before the end of the year. No notice is needed for a lease that ends on a fixed date. W. Va. Code 37-6-5.
How long do I have to respond to an eviction lawsuit in West Virginia?
The hearing is set 5 to 10 judicial days after the landlord files. The notice tells you that you may file and serve a written defense within 5 days after you receive it. If you don't appear or file any answer by the hearing, the court will order immediate possession to the landlord. A court form 'Answer: Wrongful Occupation of Residential Rental Property' is available. W. Va. Code 55-3A-1, 55-3A-3.
Can my landlord lock me out or shut off utilities in West Virginia?
No specific lockout statute was found. The legal process for removing a tenant is a court order carried out by the sheriff (W. Va. Code 55-3A-3(f)). Get legal help if you are locked out or your utilities are cut off.
How much notice is needed for a rent increase in West Virginia?
No statute. For a month-to-month tenancy, a landlord can change the rent by ending the tenancy with one month's notice.
Is there rent control in West Virginia?
No statewide rent control. Ask your city whether any local rule applies.
Is there a limit on late fees in West Virginia?
No statute sets a late fee limit. Late charges must be 'reasonable' and in the lease to be taken from the deposit (W. Va. Code 37-6A-2(b)(1)).
Can my landlord retaliate if I complain in West Virginia?
No retaliation statute was found. The eviction statute lists 'retaliatory eviction' as an issue that can be raised on appeal (W. Va. Code 55-3A-3(g)), and West Virginia courts recognize it as a defense. If you think an eviction is payback for a complaint, talk to legal aid quickly.
What is the small claims limit in West Virginia?
$20,000 in magistrate court, not counting interest and costs; raised from $10,000 on July 7, 2025.
- W. Va. Code 37-6A-1, 37-6A-2, 37-6A-5
- W. Va. Code 37-6A-1 Definitions (notice period)
- W. Va. Code 37-6A-5 Landlord's noncompliance
- W. Va. Code 37-6-30 Landlord's duty to maintain premises
- W. Va. Code 37-6-5 Notice to terminate tenancy
- W. Va. Code 55-3A-1 Petition for summary relief
- W. Va. Code 55-3A-3 Proceedings in court
- West Virginia Judiciary: Court Forms
Last checked: Oct 2026.