Although local areas may have additional landlord-tenant or housing laws, West Virginia’s state landlord-tenant law is very simple and easy to understand, both for the tenant and the landlord. There are only eight things that must be remembered when renting properties in West Virginia.
First, the landlord cannot evict a tenant in West Virginia without giving notice, unless there has been a lease violation or the tenant failed to pay the rent on time. If there is a written lease, the amount of notice required is generally specified in the lease. If there is not a written lease, the landlord cannot evict without giving one month’s full notice, assuming the rent is on time. How does this work? If the rent is due December 1st, then the landlord must give notice no later than the last day of October. If December’s rent has already been paid when notice is given, then the tenant does not have to move out until the end of the next month. One full month is required if there is not a written lease.
Second, the housing has to be kept in decent condition. Landlords cannot turn off utilities. They cannot fail to make repairs within a reasonable time. The landlord pays for repairs, unless it is something the tenant caused by misuse or neglect. If the tenant’s child breaks a window or their dog digs a hole under the fence and it collapses, the tenant pays. If it is just normal wear and tear, the landlord pays. The property also has to have adequate heat and hot water, if the landlord is paying the bill. If the tenant is paying the utilities, then the tenant is responsible for the actual utilities but the landlord is still responsible for providing a way to heat the home (heaters of some kind) or the water (pipes in working order, a hot water heater).
In addition, any appliances that are specified in the lease must be kept in working order unless the lease specifies it is a convenience item (such as a room air conditioner) that the tenant can use but will not be covered under the lease. Stoves, refrigerators, hot water heaters, sinks, and plumbing are necessities, not convenience items. They must be kept repaired by the landlord. They can be charged to the tenant if the tenant damaged them through misuse or neglect. If the property has more than one unit on it, the landlord has to pay the utilities and for trash service unless there is a separate meter for each unit. If there is more than one unit, the landlord cannot turn off the service. If all of the units are served by one thermostat, then the landlord has to provide heat from October 1 until the last day of April, and hot water at all times.
Third, tenants have the right to take a landlord to court to enforce repairs. They can choose a municipal or district court. They can choose jury or judge trial. If they choose a jury trial in a municipal court and decide to appeal to the district court, then a judge in district court will review the proceedings and make a decision. Before taking a landlord to court, a certified letter should be sent detailing needed repairs and asking that they be accomplished. The tenant should keep a copy of the letter, and if possible should get pictures of the things that are in need of repair.
Fourth, tenants in West Virginia must pay rent, on time, or they can be evicted regardless of the condition of the house. Tenants should never withhold payment, even if it means going to court. By withholding payment, all of the rights switch to the landlord.
Fifth, if the landlord sues the tenant, he cannot do anything that is not authorized by the court. He cannot lock the tenant out, turn off utilities, sell personal items, etc. The penalty in West Virginia for this type of behavior is very high. However, if the landlord sues, the tenant has to respond and there is not likely to be much time to do it. Tenants should get an attorney, see legal aid, respond personally in court, or turn over the property.
Sixth, landlords cannot enter rental properties without the tenant being notified with “reasonable notice”, except to make repairs in an emergency. In an emergency, the landlord can bring in someone to make repairs. Otherwise, tenants have a right to privacy. Two hours is not reasonable notice; 24 hours may be.
Seventh, tenant deposits cannot be withheld without a reason. In West Virginia, the landlord can inspect the property after the tenant is gone; the tenant does not have an automatic right to be at the inspection. The tenant should get pictures of the condition of the house when he or she left it, and have witnesses to the condition. The landlord must provide notice of the holding of the deposit money to the tenant within 60 days of the tenant moving out, or within 45 days of a new tenant moving in (whichever is shorter). If the landlord has to repair the premises, he can have another 15 days before producing the itemized list.
Finally, with tenants who are evicted but cannot pick up their belongings, the landlord can remove and store the property at the tenant’s cost, and deduct it from the deposit. Damages caused by the tenant and any unpaid rents can also be taken from the deposit. The landlord must notify the tenant in writing, and must keep the itemized list for one year. These new provisions cannot be waived by lease except for tenants who were under a lease at the time the law was passed. Tenants should provide landlords with notice of their new address, because the new law states that if the landlord is not successful at mailing any remaining deposit, he can hold it until the tenant physically collects it.
Landlords in West Virginia are not allowed to retaliate against tenants who file complaints through the Attorney General, the Health Department, the local Housing Office, or any other agency. They do, however, have the right to evict as soon as the rent is late (when there is not written lease), upon the late date specified in a written lease, or if any policy specified in a lease is violated. Landlords can also file countersuit to any suit a tenant files, so both parties should approach the rental as a business relationship and try to be honest and upfront.
West Virginia Landlord Tenant Law can be found on the internet at http://www.legis.state.wv.us/wvcode/code.cfm?chap=37&art=6 . The way it is written, the code appears complex and is fairly difficult to understand. However, it is the entire set of state laws relating to rentals.
An excellent and easy to understand booklet on WV Landlord Tenant Law, from the tenant’s perspective, can be found at www.wvlegalservices.org/tenevict.pdf . Landlords will find this booklet informative as it presents defenses to eviction, but the information on security deposits has not been updated. Another good guide to WV Landlord Tenant Law can be found at www.wvago.gov/pdf/Tenants_rights.pdf. This document does not have an update of the new security deposit laws either.