West Virginia (WV) law guide
Quick answer
West Virginia landlord-tenant law caps security deposits at 2 months' rent and requires landlords to return them within 60 days of lease termination. The state has no rent control and no mandatory grace period for late rent, meaning landlords can file for eviction the day rent is due and unpaid. Landlord entry requires reasonable notice (typically 24 to 48 hours) except in emergencies.
Security Deposit Limit
2 months' rent
Deposit Return Deadline
60 days (30 days for Section 8 tenants)
Statewide Rent Control
None
Nonpayment Eviction Notice
No mandatory notice period; landlord may file immediately
West Virginia rental market snapshot
Population
1,778,373
Renter households
~25%
Median rent
~$950/mo (2BR)
Largest rental markets
Charleston, Huntington, Morgantown, Parkersburg, Wheeling
West Virginia is one of the most affordable rental markets in the nation. Morgantown (home to WVU) runs above the state average, while rural counties can see 2BR rents well below $800.
Landlords in West Virginia may collect a security deposit of up to 2 months' rent (W. Va. Code §37-6A-2). There is no requirement to hold the deposit in a separate escrow account, but landlords must keep records.
The deposit must be returned within 60 days of lease termination, or within 45 days after a new tenant moves in, whichever comes first. For tenants receiving housing assistance (such as Section 8), the deadline shortens to 30 days. If deductions are made, the landlord must mail an itemized list to the tenant's last known address.
West Virginia has no statewide rent control law. Landlords may raise rent to any amount with proper notice. For month-to-month tenants, at least 30 days' written notice is required before a rent increase takes effect.
There is no mandatory grace period for late rent in West Virginia. Rent is due on the date specified in the lease, and late fees are permitted if they are reasonably tied to the landlord's actual costs. Excessive punitive late fees may be deemed unenforceable by a court.
For nonpayment of rent, West Virginia landlords may file for eviction immediately once rent is overdue. There is no state-mandated notice period before filing (W. Va. Code §55-3A-1), though many landlords choose to give a 5-day pay-or-quit notice as a practical courtesy.
For lease violations other than nonpayment, landlords must give the tenant a reasonable opportunity to fix the violation before proceeding. After filing, a court hearing must be scheduled within 5 to 10 judicial days. A tenant can stop proceedings by paying all owed rent, interest, and costs before the trial date (§37-6-23).
West Virginia has no specific statute setting a notice period for landlord entry, but courts and legal aid offices treat 24 to 48 hours as reasonable notice. Entry should occur during normal business hours unless the tenant agrees otherwise. Landlords may enter without notice only in a genuine emergency.
Landlords must maintain rental units in a habitable condition under W. Va. Code §37-6-30. Repairs must be completed within a reasonable time after the tenant gives written notice. If the landlord does not act, the tenant may petition a court for an order requiring repairs.
Landlords in West Virginia must provide a rental unit that meets basic livability standards: working heat, plumbing, and structural safety (W. Va. Code §37-6-30, implied warranty of habitability). If a landlord retaliates against a tenant for reporting code violations or joining a tenant organization, that retaliation is legally prohibited.
Tenants who face retaliation, such as a rent increase or eviction threat shortly after a repair complaint, may raise retaliation as a defense in court. Documenting complaints in writing (email or certified mail) strengthens a tenant's position.
West Virginia landlords must comply with the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability. West Virginia does not add protected classes beyond the federal list at the state level.
To break a lease early without penalty, a tenant generally needs a qualifying reason such as active military deployment (protected by the federal SCRA), landlord failure to maintain habitability, or a documented domestic violence situation. Otherwise, the tenant may owe rent through the end of the lease term. Small claims court in West Virginia handles disputes up to $10,000.
This guide is general information, not legal advice. Governing statute: W. Va. Code Chapter 37. Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
West Virginia FAQ
A West Virginia landlord has **60 days** from the date the tenancy ends to return the deposit or send an itemized list of deductions. The clock shortens to **45 days** if a new tenant moves in first, and to **30 days** for Section 8 tenants. Missing the deadline can cost the landlord up to twice the deposit amount.
Yes. West Virginia has no statewide rent control law, so landlords may raise rent to any amount. For month-to-month tenants, **30 days' written notice** is required before the increase takes effect. Fixed-term leases lock the rent until renewal.
West Virginia has no specific statute on this, but **24 to 48 hours** is widely recognized as reasonable notice. Landlords should enter during normal business hours. In a genuine emergency (fire, flood, gas leak), a landlord may enter immediately without notice.
West Virginia landlords can file for eviction **the same day rent is overdue** because the state requires no mandatory notice period for nonpayment. Many landlords still give a **5-day pay-or-quit notice** as a practical first step. After filing, a court hearing is typically set within 5 to 10 judicial days, and the tenant can stop the case by paying everything owed before trial.
Landlords may deduct for **unpaid rent, damage beyond normal wear and tear, and cleaning costs** needed to restore the unit to its original condition. Normal wear and tear, such as minor scuffs or carpet fading from regular use, cannot be charged to the tenant. Any deductions must be listed in a written itemized statement sent to the tenant's last known address.
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