West Virginia · Repairs · Updated Oct 2026
West Virginia tenant repair rights
What a landlord in West Virginia must keep in repair, how to ask for repairs, whether you can repair and deduct or withhold rent, and the protection against retaliation.
Short answer
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).
- Repair and deduct
- No statute
- Withholding rent
- No statute
- Notice before entry
- No statute
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.
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.
Get repairs made, step by step
- Write down the problem and take dated photos or video.
- Ask in writing and keep a copy. In West Virginia: No statutory notice procedure.
- Give the landlord the time the rule allows, and let them in to do the work with proper notice.
- If nothing happens, call your local housing or code inspector and talk to legal aid before you stop paying any rent.
- Keep paying rent unless the rule above lets you withhold it and you follow its steps exactly.
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.
Where to get free help in West Virginia
Questions about repairs in West Virginia
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.
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.
More for West Virginia renters
- All West Virginia tenant rights
- Security deposit: West Virginia
- Eviction: West Virginia
- Guide: how to get your landlord to make repairs
- Landlord entry notice by state
Repairs in nearby states
- W. Va. Code 37-6A-1 Definitions (notice period)
- W. Va. Code 37-6A-2 Security deposits
- 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.