West Virginia is one of the most landlord-favorable states, and its rules come from W.Va. Code chapters 37 and 55. The key point for renters: there is no required pre-suit notice for nonpayment — a landlord can file a “petition for summary relief for wrongful occupation” in magistrate court right after rent is missed, and a hearing is set in as few as 5 judicial days (W.Va. Code § 55-3A-1). Deposits have no cap but must be returned within 60 days, there is no source-of-income protection, and no single statewide voucher agency — about 32 local authorities run Section 8. This page covers where to apply, the tenant-law framework, and where to get help fast.
- WV 211 — dial 2-1-1 or text your ZIP to 898-211 for rent, utility, and shelter help · wv211.org
- Legal Aid of West Virginia: 1-866-255-4370 · legalaidwv.org
- Charleston-Kanawha Housing Authority: (304) 348-6451 · Huntington: (304) 526-4400
- WV Human Rights Commission (fair housing): (304) 558-2616 · 1-888-676-5546
- LIEAP (Dept. of Human Services): 1-800-642-8589
- HUD fair housing: 1-800-669-9777
Major West Virginia public housing authorities
West Virginia has no statewide balance-of-state voucher agency. The West Virginia Housing Development Fund handles tax credits, bonds, and project-based Section 8 contract administration — not tenant vouchers — so Housing Choice Vouchers run through about 32 local and regional authorities. The largest are:
- Charleston-Kanawha Housing Authority — PHA WV001, (304) 348-6451; the largest, with public-housing and project-based voucher lists that have been open even when the HCV list is closed
- Housing Authority of the City of Huntington — PHA WV004, (304) 526-4400
- Housing Authority of the City of Wheeling — PHA WV003, (304) 242-4447
- Fairmont Housing Authority — PHA WV009, (304) 363-0860; also serves Morgantown, which has no separate authority
Because coverage is scattered, use HUD’s PHA directory and read how to find your PHA. For tax-credit apartments, search HUD’s LIHTC database.
The fast eviction: no notice required for nonpayment
This is what makes West Virginia different. For nonpayment of rent, state law does not require a pay-or-quit notice — the landlord can file a petition for summary relief for wrongful occupation in magistrate (or circuit) court as soon as rent is late, and the court sets a hearing not less than 5 nor more than 10 judicial days after filing (W.Va. Code § 55-3A-1). That is why West Virginia evictions are often called a “rocket docket,” frequently running just two to four weeks. You usually keep a “pay-and-dismiss” right — paying everything owed at or before the hearing can end a nonpayment-only case — so contact legal aid the day you fall behind.
Emergency rent & heating help in West Virginia
- LIEAP (Low-Income Energy Assistance Program) — run by the WV Department of Human Services; apply at wvpath.wv.gov or call 1-800-642-8589; the season is usually a short winter window, so apply early; see utility assistance programs
- Community Action agencies — the West Virginia Community Action Partnership network administers emergency assistance
- Dial 211 for the current list of rent and deposit funds, plus emergency rental assistance
West Virginia tenant law: key protections at a glance
Quick reference: West Virginia
- Voucher administrator: ~32 local authorities (Charleston-Kanawha, Huntington, Wheeling, Fairmont); no statewide voucher agency
- Source-of-income protection: none
- Rent control: none exists and no statute authorizes it
- Nonpayment notice: none required — the landlord can file immediately (W.Va. Code § 55-3A-1)
- Hearing: set 5–10 judicial days after filing
- Month-to-month termination: one full rental period (W.Va. Code § 37-6-5)
- Security deposit: no cap; returned within 60 days (or 45 after a new tenant), itemized (W.Va. Code § 37-6A-2)
- Self-help eviction: illegal — only a sheriff with a court writ can remove you
Security deposits
West Virginia sets no cap on the deposit. The landlord must return it, with a written itemization of any deductions, within 60 days of the tenancy ending — or within 45 days after a new tenant moves in, whichever is shorter (W.Va. Code § 37-6A-2); add 15 days if outside contractors are needed for repairs. Read how to recover your security deposit.
Eviction & illegal lockouts
Because there is no notice period, a West Virginia nonpayment eviction can move from a missed payment to a hearing in about a week. After the hearing, only a sheriff acting on a court writ of possession can remove you — a landlord who changes the locks, removes belongings, or willfully shuts off gas, electric, or water is committing an illegal self-help eviction, and you can sue to regain access and recover damages plus attorney fees. Get help immediately from Legal Aid of West Virginia (1-866-255-4370) and read how to avoid eviction.
Nearby states
Comparing states or planning a move? West Virginia’s neighbors handle notice and deposits differently:
- Kentucky tenant rights — protections depend on whether your city adopted URLTA
- Indiana tenant rights — a 10-day notice and eviction record sealing
- Virginia tenant rights
- Ohio tenant rights
- Pennsylvania tenant rights
Where to get help in West Virginia
Tenant help & legal aid: Legal Aid of West Virginia (statewide intake 1-866-255-4370) handles eviction and housing cases — call early, because the eviction timeline is short.
Discrimination complaints: the WV Human Rights Commission (304-558-2616 or 1-888-676-5546) enforces fair-housing law; file within 365 days.
Vouchers & local PHAs: apply to your city or regional authority through the HUD PHA directory.
211 helpline: dial 2-1-1 for rent, heating, and shelter help statewide.
Next Steps
Not sure where to start? Our Where to Start tool maps West Virginia programs to your situation in about two minutes.
If your rent is late, remember there may be no warning notice — call Legal Aid of West Virginia (1-866-255-4370) right away and read eviction prevention.