West Virginia has minimal statutory tenant protections. There is no comprehensive landlord-tenant act, though case law has established some protections. Tenants should document all interactions with landlords and seek legal aid if facing eviction.
Key Tenant Protections at a Glance
Quick Reference: West Virginia (WV)
- Source of income protection: No
- Rent control: No
- Security deposit limit: No state limit
- Security deposit return deadline: 60 days
- Eviction notice (nonpayment): Immediate notice possible for nonpayment
- Notice to end month-to-month: 30 days (month-to-month)
Source of Income Protection
No statewide protection — landlords may legally refuse Section 8 vouchers and other assistance. Check for local protections in your city or county.
Source of income protection means landlords cannot refuse to rent to you because you pay with a housing voucher (Section 8), SSI, SSDI, veterans benefits, child support, alimony, TANF, or other lawful income. Without this protection, landlords can legally refuse housing vouchers. Some cities and counties in West Virginia may have local protections — check with your local fair housing agency.
Rent Control
No — there are no statewide rent control or rent stabilization laws.
Security Deposits
Maximum deposit: No state limit. Your landlord must return your security deposit within 60 days after you move out. Deductions can only be made for actual damage beyond normal wear and tear, and your landlord must provide an itemized list of deductions. If your landlord fails to return your deposit or provide an itemized list, you may be entitled to recover the full deposit plus penalties in court.
Eviction Process
In West Virginia, landlords must follow legal procedures to evict a tenant. Self-help evictions — changing locks, shutting off utilities, or removing belongings — are illegal. Here's what to expect:
- Nonpayment of rent: Immediate notice possible for nonpayment written notice required before filing in court.
- Ending month-to-month tenancy: 30 days (month-to-month) written notice required.
- Court process: After notice expires, the landlord must file in court. You will receive a court summons and have the right to appear, present your defense, and contest the eviction.
If you receive an eviction notice, do not ignore it. Contact legal aid immediately for help understanding your rights and options.
Where to Get Help in West Virginia
Free legal aid: Legal Aid of West Virginia provides free legal assistance to low-income residents facing housing issues, including eviction defense, habitability complaints, and discrimination claims.
Housing finance agency: West Virginia Housing Development Fund administers state housing programs including Low-Income Housing Tax Credit (LIHTC) properties, homebuyer assistance, and rental programs.
Find your local Public Housing Authority (PHA): PHAs administer Section 8 vouchers and public housing in your area. Use HUD's PHA contact directory to find yours. You can also see our guide on how to find your PHA.
211 Helpline: Dial 2-1-1 or visit 211.org to connect with local housing assistance, emergency shelters, utility help, and social services in West Virginia.
HUD Fair Housing: If you've experienced housing discrimination, file a complaint with HUD's Office of Fair Housing or call 1-800-669-9777.