West Virginia Landlord-Tenant Law
Know your rights as a renter in West Virginia. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under West Virginia law.
Legal basis: West Virginia landlord-tenant law — West Virginia Code
60
Days to Return Deposit
No limit
Max Deposit
No state rule
Entry Notice
Not Required
Deposit Escrow
What West Virginia law says about deposits
Maximum Deposit
No limit
Return Deadline
60 daysor 45 days after a new tenant moves in, whichever is shorter
Penalties, interest & late-fee rules under West Virginia law
If your deposit is wrongfully or late returned
If the landlord's noncompliance with the deposit article is willful or not in good faith, the tenant is entitled to a judgment for the unreturned deposit plus damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld; if the tenant owes rent, that award is credited against the rent due. The section does not limit other rights or remedies of a landlord or tenant under any other law (W. Va. Code § 37-6A-5).
Interest on your deposit is not required
Grace period
No mandatory grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
No state rule
No West Virginia statute sets entry notice; your lease's terms apply
No West Virginia statute sets how much notice a landlord must give before entering. Your lease's entry terms apply, so check what it says about notice and entry times.
No notice statute; no caps
Legal basis: No Statute
No set deadline
Legal basis: WV Code § 37-6-30
Court-made protection
Legal basis: Murphy v. Smallridge, No. 22863 (W. Va. Feb. 14, 1996)
No statewide early-exit law
Legal basis: No state statute
Self-help illegal
Legal basis: WV Code § 55-3A-1
Important facts about West Virginia rental law
West Virginia has no limit on security deposits.
West Virginia landlords must return deposits, with a written itemization, within 60 days after the tenancy ends, or 45 days after a new tenant moves in if that comes first.
West Virginia has relatively few tenant protection laws compared to other states.
West Virginia tenants should thoroughly document the property condition at move-in.
Something else? Contact our team
West Virginia does not have a statutory limit on security deposits.
West Virginia landlords must return security deposits within 60 days after you move out (or 45 days after a new tenant moves in, whichever is shorter).
No West Virginia statute sets how much notice a landlord must give before entering, so your lease's entry terms apply.
Late fees in West Virginia: No statutory cap. No mandatory grace period.
No notice statute; no caps. No West Virginia statute sets how much notice a landlord must give before raising rent. A month-to-month tenancy can be ended with notice of one full rental period before the end of a period (W. Va. Code § 37-6-5). No statewide rent cap. Source: No Statute.
No set deadline. Landlord must deliver and keep the home fit and habitable and meet health, safety, fire and housing codes (WV Code § 37-6-30(a)). Running water and reasonable hot water at all times, and reasonable heat from October 1 to April 30 (WV Code § 37-6-30(a)(7)). State law sets no repair deadline and no repair-and-deduct or rent-withholding procedure (WV Code ch. 37, art. 6). The landlord does not have to make repairs while you are behind on rent (WV Code § 37-6-30(c)). Source: WV Code § 37-6-30.
Court-made protection. West Virginia's landlord-tenant statutes for an ordinary rental have no retaliation section; the protection comes from court decisions. You can raise retaliatory eviction as a defense to a summary eviction, or sue for it, when the landlord retaliates because you used a right tied to the tenancy, such as complaining about unfit conditions (Imperial Colliery Co. v. Fout, 179 W. Va. 776 (1988); Murphy v. Smallridge). Rights unrelated to the tenancy are not covered. Tenants renting land for a mobile or manufactured home have their own statute (W. Va. Code § 37-15-7), and the Fair Housing Act bars coercing or interfering with you for exercising fair housing rights (W. Va. Code § 16B-18-16). Keep dated copies of every complaint and notice you send. Source: Murphy v. Smallridge, No. 22863 (W. Va. Feb. 14, 1996).
No statewide early-exit law. West Virginia has no statewide law that lets a domestic violence victim end a lease early. A court protection order may be able to order the abuser out of the home. If your home is federally assisted (public housing or a voucher), the federal Violence Against Women Act gives separate protections. A domestic violence hotline (1-800-799-7233) or legal aid can help you plan a safe move. Source: No state statute.
Self-help illegal. Self-help evictions illegal. Court process required. Contact police if locked out. Source: WV Code § 55-3A-1.
West Virginia tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against West Virginia law.
Plain-language answers that apply in West Virginia and beyond
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