West Virginia
West Virginia Landlord-Tenant Laws (2026): Deposits, Entry, and Tenant Rights
West Virginia has no statutory cap on security deposits and gives landlords up to 60 days after the tenancy ends to return the deposit (or 45 days after a new tenant moves in, whichever comes first). No West Virginia statute sets a notice period before a landlord may enter; the reasonableness standard comes from common law and the covenant of quiet enjoyment, and 24 hours is the customary practice.
Security deposits in West Virginia
West Virginia places no statutory ceiling on the amount a landlord may require as a security deposit. A landlord may ask for any amount, though most leases in the state run one to two months rent in practice. The rules that matter most are about how and when the deposit is returned.
Under W. Va. Code 37-6A, when a tenancy ends, the landlord has the shorter of two deadlines: 60 days after the tenancy ends, or 45 days after a new tenant moves into the same unit. Whichever arrives first controls. The landlord must return whatever portion of the deposit is not subject to a valid deduction, along with a written, itemized statement explaining any amounts withheld.
Permitted deductions include unpaid rent, damage beyond ordinary wear and tear, and cleaning costs if the lease requires the unit to be returned clean. Deductions for routine wear (light carpet wear, small scuffs, minor staining that predates the tenancy) are not allowed. If the landlord fails to provide the itemized statement and refund within the applicable deadline, the tenant may sue in magistrate court or circuit court. The extra damages are not automatic: under W. Va. Code 37-6A-5(a), the tenant must show the landlord's noncompliance was willful or not in good faith, and the award is then 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, the court credits that award against the rent due instead of paying it out.
| Rule | Detail |
|---|---|
| Deposit cap | No statutory limit |
| Return deadline | 60 days (or 45 days if new tenant moves in first) |
| Itemized statement required? | Yes |
| Interest on deposit required? | No |
When can a landlord enter? Notice rules
West Virginia has no statute that sets a specific number of hours of advance notice a landlord must give before entering a rental unit. Unlike most states, there is no provision in W. Va. Code ch. 37-6 or ch. 37-6A that mandates 24, 48, or any fixed period of notice.
The general standard under West Virginia common law and landlord-tenant practice is that the landlord must give "reasonable notice" before entry for non-emergency purposes such as inspections, repairs, or showings. In practice, most landlords and property managers use 24 hours as the customary guideline, and courts generally view that as reasonable.
Emergency entry (to address a fire, flooding, a burst pipe, or another immediate threat) is permitted without advance notice. Landlords may also enter if the tenant has clearly abandoned the unit. Outside of emergencies, repeatedly entering without notice, entering at unreasonable hours, or entering for purposes of harassment can give rise to a claim for breach of the covenant of quiet enjoyment.
Ending a lease: notice to vacate
To end a month-to-month tenancy in West Virginia, the default rule is that either the landlord or the tenant must give 30 days advance written notice, which equals one full rental period. The notice should state the date the tenancy will end and must be delivered before the rental period for which termination is intended begins.
That default is set by W. Va. Code 37-6-5, and the same section closes with an express carve-out: it does not apply where, by special agreement, some other period of notice is fixed or no notice is to be given, and no notice is necessary from or to a tenant whose term ends at a certain time. Read the lease first. A written rental agreement can lawfully shorten, lengthen, or waive the 30-day notice for a periodic tenancy.
A fixed-term lease (such as a 12-month lease) ends on its own terms on the lease expiration date. The landlord does not need to give separate notice that the lease will not renew unless the lease agreement itself requires it. If neither party acts, many courts treat a holdover after a fixed-term lease as creating a month-to-month tenancy, to which the 30-day termination rule then applies.
West Virginia does not require just cause to terminate a month-to-month tenancy; a landlord may give notice for any non-discriminatory, non-retaliatory reason. For evictions based on nonpayment of rent, lease violations, or holdover after proper notice, see the West Virginia eviction notice generator.
Repairs and the warranty of habitability
West Virginia recognizes an implied warranty of habitability under W. Va. Code 37-6-30. This means landlords are legally required to maintain rental units in a condition fit for human habitation. Required maintenance includes functioning plumbing, heating, and electrical systems; weatherproofing; freedom from significant pest infestations; and compliance with applicable housing codes.
When a landlord fails to make necessary repairs, a tenant's options in West Virginia are more limited than in many other states. West Virginia does not have a statutory repair-and-deduct remedy. Tenants cannot unilaterally hire a contractor and subtract the cost from rent.
Instead, the available remedies are: (1) providing the landlord written notice of the defect and a reasonable time to repair, then seeking a court order compelling repairs; (2) depositing rent into a court escrow (sometimes called rent withholding) as part of a formal court proceeding; (3) terminating the lease if the defect is severe enough to constitute a material breach of the warranty of habitability; or (4) suing for damages in magistrate court. Tenants who simply stop paying rent without going through proper legal channels risk eviction, so following written-notice and court procedures is important.
Rent, late fees, and rent control
West Virginia has no statewide rent control law and no city or county in the state has enacted local rent control. There is no preemption statute specifically prohibiting local rent control, but the political and legal environment in West Virginia has not produced local rent regulation. Landlords may raise rent by any amount, at any time, with whatever notice the lease requires (typically 30 days before the next renewal).
West Virginia imposes no statutory cap on late fees. A landlord may set any late fee, but it is only enforceable if it is clearly stated in the written lease. Courts have occasionally declined to enforce fees that appear punitive or bear no relationship to the landlord's actual costs, though there is no bright-line rule. A reasonable fee of 5 to 10 percent of monthly rent is common.
There is no mandatory grace period under state law, though many leases provide 3 to 5 days before a fee accrues. If the lease specifies a grace period, the landlord must honor it.
If you have a landlord-tenant dispute in West Virginia
Written records are essential to any landlord-tenant dispute. Send all important notices, repair requests, and objections by certified mail or another method that creates a delivery record. Keep copies of your lease, move-in and move-out photos, and all correspondence.
For security deposit disputes, West Virginia magistrate courts handle civil actions where the amount in controversy, excluding interest and costs, is not more than $20,000 (W. Va. Code 50-2-1). Deposit claims may also be brought in circuit court under W. Va. Code 37-6A-5(b). The magistrate court filing fee is modest and no attorney is required. Bring your lease, any written communications about the deposit, and documentation of the unit's condition at move-in and move-out.
The West Virginia Attorney General's Consumer Protection Division handles complaints about housing issues. West Virginia Legal Aid (wvlegalaid.org) provides free or low-cost legal help to income-qualifying tenants. The West Virginia Housing Development Fund administers rental assistance programs for tenants facing financial hardship.
If you believe a landlord has violated the security deposit statute, discriminated against you in housing, or retaliated against you for exercising a legal right, consult a licensed West Virginia attorney promptly. The timeline for filing a lawsuit is governed by the applicable statute of limitations, and waiting can forfeit your rights.
This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.
Related pages: Landlord-Tenant Laws hub | West Virginia Eviction Notice | West Virginia Squatters Rights
More West Virginia Laws
Frequently Asked Questions
How long does a landlord have to return my deposit in West Virginia?
A landlord has 60 days after the tenancy ends, or 45 days after a new tenant moves into the unit, whichever comes first. The landlord must return the deposit along with an itemized written statement of any deductions. If the deadline is missed, you can sue in magistrate court or circuit court. Under W. Va. Code 37-6A-5, a tenant who shows the landlord's noncompliance was willful or not in good faith recovers the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld, credited against any rent still owed.
What is the maximum security deposit in West Virginia?
West Virginia has no statutory cap on security deposits. A landlord may charge any amount, though one to two months rent is the most common practice. The key rules concern proper accounting and timely return, not a cap on the initial amount.
How much notice must a landlord give to enter in West Virginia?
West Virginia has no statute setting an entry-notice period at all. The reasonableness standard comes from common law and the covenant of quiet enjoyment rather than from the code. In practice, 24 hours is the widely accepted guideline, and many leases set their own notice term. Emergency entry (fire, flooding, burst pipe) is permitted without advance notice.
Can a landlord raise rent in West Virginia?
Yes, without restriction. West Virginia has no statewide rent control and no city or county has enacted local rent regulation. A landlord may raise rent by any amount, subject only to the notice requirements in the lease (typically 30 days before the next renewal period).
Can I withhold rent for repairs in West Virginia?
No. West Virginia does not have a statutory repair-and-deduct remedy. If your landlord fails to make necessary repairs after written notice, your options are to seek a court order, pursue formal rent escrow proceedings, or consult an attorney. Simply stopping rent payments without a court process risks eviction.
How much notice is required to end a month-to-month lease in West Virginia?
The default under W. Va. Code 37-6-5 is 30 days written notice (one full rental period) from either party. That section expressly does not apply where the lease fixes some other notice period by special agreement or provides that no notice is to be given, so read the lease before relying on 30 days. A fixed-term lease ends on its own terms without additional notice unless the lease says otherwise.
Does West Virginia require just cause to evict a tenant?
No. West Virginia does not require a landlord to state just cause for ending a month-to-month tenancy. The landlord must give whatever notice the lease or W. Va. Code 37-6-5 requires (30 days by default) and may not evict for discriminatory or retaliatory reasons, but no other reason is required for a no-cause termination.
Updates
Corrected the West Virginia magistrate court limit to $20,000, added the willful-or-bad-faith condition and one-and-a-half-times cap on security deposit damages, noted that a lease may set or waive the 30-day month-to-month notice period, and clarified that no state statute sets a landlord entry-notice period.
Governing law re-checked for recent changes
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
West Virginia Code
§ 37-6A-2Security deposits.In force
(a) Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c). (b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at code.wvlegislature.gov
§ 37-6-30Landlord to deliver premises; duty to maintain premises in fit and habitable condition.In forcecited in 2 of our articles
With respect to residential property: (a) A landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and (2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent; and (3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants; and (4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent; and (5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air- conditioning and other facilities and appliances, including elevators, supplied or required to be…
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
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Sources and References
- W. Va. Code ch. 37-6A -- Residential Rental Security Deposits(code.wvlegislature.gov).gov
- W. Va. Code 37-6-30 -- Landlord Obligations (Habitability)(code.wvlegislature.gov).gov
- West Virginia Attorney General -- Consumer Protection(ago.wv.gov).gov
- W. Va. Code 50-2-1 -- Magistrate Court Civil Jurisdiction ($20,000 Limit)(code.wvlegislature.gov)
- W. Va. Code 37-6-5 -- Notice to Terminate Tenancy(code.wvlegislature.gov)
- W. Va. Code 37-6A-5 -- Landlord's Noncompliance (Security Deposit Remedies)(code.wvlegislature.gov)