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West Virginia Landlord-Tenant Laws 2026

Security deposit limits, notice requirements, eviction process, late fees, and more for West Virginia landlords. All citations reference actual West Virginia statutes.

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Disclaimer: This information is provided for general educational purposes only and is not legal advice. Laws change frequently. Always verify current statutes with your state legislature or consult a licensed attorney before making legal decisions.
Security DepositNotice PeriodEvictionLate FeeLease TerminationRent IncreaseHabitabilityLandlord EntryFair Housing
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Security Deposit Rules

W. Va. Code § 37-6A-1
No statutory limit on deposit amount. Must be returned within 60 days. No specific requirement for itemized statement, but recommended. Deposit must be kept in separate account.
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Notice Period Requirements

W. Va. Code § 37-6-5
Month-to-month requires 30 days notice. Lease violation varies by type. Nonpayment does not have specific statutory notice period.
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Eviction Process

W. Va. Code § 55-3A-1
Nonpayment: landlord may file immediately after rent is past due (no mandatory notice period). Court filing required. Self-help eviction prohibited.
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Late Fee Rules

W. Va. Code § 37-6-1
No statutory cap on late fees. No required grace period. Fees must be specified in lease.
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Lease Termination

W. Va. Code § 37-6-5
Fixed-term ends per lease. Month-to-month: 30 days notice. West Virginia landlord-tenant law is minimal. Early termination for military.
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Rent Increase Rules

W. Va. Code § 37-6-1
No rent control. No statutory limit on increases. Proper notice required for month-to-month tenancies.
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Habitability Standards

W. Va. Code § 37-6-30
Implied warranty of habitability recognized by courts. Landlord must maintain premises fit for habitation and comply with building codes. Tenant may withhold rent for serious defects.
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Landlord Entry Rules

W. Va. Code § 37-6-1
No specific statute on landlord entry notice. Reasonable notice recommended. Emergency entry permitted. Lease should define entry rules.
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Fair Housing Protections

W. Va. Code § 5-11A-4
West Virginia Fair Housing Act prohibits discrimination based on race, color, religion, sex, national origin, disability, familial status, and ancestry.
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