West Virginia Landlord-Tenant Guide — Rights & Rules

Receiving an official notice starts a legal clock that directly affects your rights. In West Virginia, West Virginia does not guarantee a cure period for nonpayment — the landlord may proceed to court once the None-day notice expires. Similarly, for lease violations, West Virginia requires None by statute days’ notice but does not require the landlord to let you cure the violation. If you recently exercised a legal right (requesting repairs, reporting code violations), retaliation is prohibited and presumed if the landlord acts within 90 days. Even under a valid notice, your landlord cannot change locks, remove belongings, or shut off utilities — that is illegal self-help and carries a penalty of None specified by statute. Do not ignore any notice — even if you believe it is defective, responding within the deadline preserves your ability to raise defenses in court.

Eviction in West Virginia is called summary eviction proceeding. A landlord cannot remove a tenant without going through court — Self-help eviction (changing locks, removing belongings, shutting off utilities) is prohibited.

For nonpayment of rent, the landlord must provide None days' written notice. West Virginia does not require a cure period for nonpayment — the landlord may proceed directly to filing for eviction once rent is late.

For lease violations, None by statute days' notice is required.

West Virginia's security deposit limit is None (no statutory cap) §37-6A-1; §37-6A-2. After move-out, the landlord has 60 (or 45 if a subsequent tenant occupies sooner) days to return the deposit with an itemized list of deductions.

West Virginia recognizes an implied Warranty of habitability §37-6-30. Landlords must maintain the property in a condition fit for human habitation, including running water, hot water, heat, electricity, sanitation.

The landlord has None by statute to make repairs after receiving written notice. West Virginia does not allow repair-and-deduct — tenants must pursue other remedies such as lease termination or court action.

Retaliatory eviction is prohibited §37-6A-7. Retaliation is presumed if the landlord takes adverse action within 90 days of the tenant exercising a legal right.

Self-help eviction is illegal. If a landlord changes your locks, removes your belongings, or shuts off utilities, the penalty is None specified by statute.

Landlord-tenant cases are often decided on notice periods and deadlines. Missing a deadline — whether it is responding to a notice, filing an answer, or requesting a hearing — can result in losing rights that would otherwise be available. Preserving written evidence (photos, texts, emails, receipts) is critical.