West Virginia Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in West Virginia, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in West Virginia. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | West Virginia |
|---|---|
| Where these laws apply | West Virginia Code Chapter 37, Articles 6 and 6A, and Chapter 55, Articles 3 and 3A set no county or population limit on where they apply. The security-deposit article (Chapter 37, Article 6A) applies to all residential rental premises or units used for dwelling purposes, but not to deposit agreements made before the article took effect. W. Va. Code § 37-6A-6; Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A |
| Security deposit limit | No limit set by West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Where deposits are held | No rule on where or how a deposit is held in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Returning the deposit | When the tenancy ends, the landlord must deliver the deposit, minus any deductions, with a written itemization of the deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter. If damages exceed the deposit and need a third-party contractor, the landlord must tell the tenant in writing within that period and then has 15 more days to itemize the damages and repair cost. The deposit and notices may be delivered in person or mailed to the tenant's last known address or the forwarding address the tenant provided. W. Va. Code §§ 37-6A-2(a), (c), (g), 37-6A-1(7) |
| Deposit deductions | At the end of the tenancy the deposit may be applied only to rent due (including reasonable late-payment charges specified in the rental agreement), damages from the tenant's noncompliance with the rental agreement less reasonable wear and tear, unpaid utilities billed to and paid by the landlord that the tenant owed, reasonable costs of removing and storing the tenant's personal property, and other damages or charges provided in the rental agreement. The landlord must keep itemized records of deductions for one year after the tenancy ends and, within 72 hours of a written request, let the tenant inspect them or provide a copy. W. Va. Code §§ 37-6A-2(b), 37-6A-3 |
| Interest on deposits | Not required by West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Landlord entry notice | No notice rule for a landlord's entry in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Notice to end a month-to-month lease | A tenancy from year to year may be ended by either party with written notice at least three months before the end of any year. A periodic tenancy with a period of less than one year may be ended by "like notice" or by notice for one full period before the end of any period. This does not apply where a special agreement fixes another notice period or no notice, and no notice is needed for a tenancy whose term ends at a certain time. W. Va. Code § 37-6-5 |
| Rent-increase notice | No notice period in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Late fees | No limit or grace period in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. A deposit may be applied to rent due, including reasonable late-payment charges specified in the rental agreement. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision); W. Va. Code § 37-6A-2(b)(1) |
| Notice for unpaid rent | No written notice to pay rent or leave before a landlord files to remove a tenant for unpaid rent in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. The owner or the owner's agent may file a verified petition in magistrate or circuit court stating that the tenant is in arrears in rent; the court sets a hearing 5 to 10 judicial days after filing, and the tenant may file a written defense within five days of receiving notice of the hearing. If a tenant who owes rent abandons the property, the landlord must post a written notice in a conspicuous part of the property requiring payment within one month; if the rent is not paid in that time, the landlord is entitled to possession and the tenant's right to the property ends. W. Va. Code §§ 55-3A-1, 37-6-6(a); W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Rent control | No rent-control provision in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. W. Va. Code Chapter 37, Articles 6 and 6A; Chapter 55, Articles 3 and 3A (no provision) |
| Required landlord disclosures | Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, ancestry, sex, familial status, blindness, disability and national origin. Ancestry and blindness appear in West Virginia's law but not in the federal list. W. Va. Code § 16B-18-5(a), (b); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in West Virginia listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in West Virginia?
No limit set by West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. See the source in the table above.
How long does a West Virginia landlord have to return a security deposit?
When the tenancy ends, the landlord must deliver the deposit, minus any deductions, with a written itemization of the deductions, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter. If damages exceed the deposit and need a third-party contractor, the landlord must tell the tenant in writing within that period and then has 15 more days to itemize the damages and repair cost. The deposit and notices may be delivered in person or mailed to the tenant's last known address or the forwarding address the tenant provided. See the source in the table above.
How much notice must a West Virginia landlord give before entering?
No notice rule for a landlord's entry in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. See the source in the table above.
How much notice ends a month-to-month lease in West Virginia?
A tenancy from year to year may be ended by either party with written notice at least three months before the end of any year. A periodic tenancy with a period of less than one year may be ended by "like notice" or by notice for one full period before the end of any period. This does not apply where a special agreement fixes another notice period or no notice, and no notice is needed for a tenancy whose term ends at a certain time. See the source in the table above.
How much notice is required for a rent increase in West Virginia?
No notice period in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. See the source in the table above.
How much can a West Virginia landlord charge for late rent?
No limit or grace period in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. A deposit may be applied to rent due, including reasonable late-payment charges specified in the rental agreement. See the source in the table above.
How much notice must a West Virginia landlord give when rent is unpaid?
No written notice to pay rent or leave before a landlord files to remove a tenant for unpaid rent in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. The owner or the owner's agent may file a verified petition in magistrate or circuit court stating that the tenant is in arrears in rent; the court sets a hearing 5 to 10 judicial days after filing, and the tenant may file a written defense within five days of receiving notice of the hearing. If a tenant who owes rent abandons the property, the landlord must post a written notice in a conspicuous part of the property requiring payment within one month; if the rent is not paid in that time, the landlord is entitled to possession and the tenant's right to the property ends. See the source in the table above.
Does West Virginia have rent control?
No rent-control provision in West Virginia Code Chapter 37, Articles 6 and 6A, or Chapter 55, Articles 3 and 3A. See the source in the table above.
Rentals in West Virginia listed by owners
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