by Cyndi Li

Created on: November 08, 2011   Last Updated: November 09, 2011

If you’re a tenant in West Virginia, it’s important that you make yourself aware of what your rights are under the law; including federal, state and local laws. This holds true if you’re a landlord also. The majority of tenant occupancies usually run their course with little to no problems. This isn’t always the case. This is why it’s so important to be aware of what your rights are before something comes up. Here’s a brief overview of West Virginia tenant landlord laws.

West Virginia Landlords Rights and Obligations

Rent - There is no rent control currently established in the state of West Virginia. As such, a landlord has no restrictions with regard to the amount of rent he or she may charge.

Application fees and late charges - A landlord has a right to charge application fees and late charges. Although there are no limits set on either, fees should closely reflect the actual expenses incurred by the landlord as a result of a late payment by a tenant.

If a payment is returned, and there is a fee incurred, the landlord may charge a service fee no higher than $25.00, and he or she must give the tenant written notification of the dishonored payment. Said notification must include the amount of the dishonored payment, the check number, the name of the financial institution and the name of whom the check is made out to. The written notice should also contain wording that gives the tenant a 10 day grace period to honor the returned payment and the service charge before legal action is taken.

Security deposit - There are no limits set on the amount a landlord in West Virginia may charge a prospective tenant for a security deposit other than that the amount must be reasonable. There are no regulations as to where the landlord is required to hold the security deposit.

West Virginia has no specific time frame as to when the landlord is required to return a security deposit. A landlord may withhold monies from the said security deposit as a compensation for just repairs or damages to the property.

Lease agreement – A West Virginia landlord may be required to forgive a tenant the remainder of a lease if the rental property becomes unlivable due to natural causes or any unlivable situation not caused by the tenant.

Rental property – A landlord is obligated to provide a rental property that is habitable. This includes but may not necessarily be limited to maintaining a heating system and air conditioning system (if applicable)

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