Landlord laws
West Virginia landlord-tenant law
W. Va. Code ch. 37, art. 6 (Landlord and Tenant) and art. 6A (Residential Rental Security Deposits), ch. 55, art. 3A, and § 16B-18-5 (official text, code.wvlegislature.gov)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | Not specified in state statute. No statute caps the security deposit. We checked every section of W. Va. Code art. 37-6 and 37-6A. | W. Va. Code § 37-6A-1 et seq. | Not in statute |
| Deposit return deadline | Return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant moves in, whichever is shorter. If damage exceeds the deposit and needs a third-party contractor, send written notice saying so within that period; you then get 15 more days to itemize. Deductions are limited to rent due (including reasonable late charges in the lease), damage beyond reasonable wear and tear, unpaid utilities you paid, removal and storage of the tenant's property, and other charges in the rental agreement. A willful or bad-faith failure makes you liable for the deposit plus 1½ times the amount wrongfully withheld. | W. Va. Code §§ 37-6A-1(7), 37-6A-2, 37-6A-5 | Verified |
| Deposit holding and interest | Not specified in state statute. No statute requires paying interest or using a separate account. Keep itemized records of deductions for 1 year after the tenancy, and let the tenant inspect or copy them within 72 hours of a written request. | W. Va. Code § 37-6A-3 | Not in statute |
| Late fee cap and grace period | Not specified in state statute. West Virginia statutes set no residential late-fee cap and require no grace period. They let you deduct reasonable late charges specified in the rental agreement from the deposit. Note: Late-fee limits, if any, come from the lease and contract case law, not statute. | W. Va. Code § 37-6A-2(b)(1) | Not in statute |
| Landlord entry notice | Not specified in state statute. No statute sets landlord entry or notice rules. We checked every section of W. Va. Code art. 37-6 and 37-6A. Note: Entry rights come from the lease and common law, not statute. | W. Va. Code art. 37-6 | Not in statute |
| Rent increase notice | Not specified in state statute. No statute sets a rent-increase notice period. A periodic tenancy shorter than a year ends on notice of one full period before the end of a period, and a year-to-year tenancy on 3 months' written notice, so plan rent changes around that. | W. Va. Code § 37-6-5 | Not in statute |
| Rent control status | Not specified in state statute. No statewide rent control, and no state statute bans local rent limits. We checked W. Va. Code art. 37-6 and 37-6A. Note: Whether a municipality may adopt rent limits depends on law outside these articles. | W. Va. Code art. 37-6 | Not in statute |
| Eviction notice: nonpayment | Not specified in state statute. No statute requires a pre-filing notice for nonpayment. You may petition the magistrate or circuit court for summary relief if the tenant is behind on rent. The court sets a hearing 5 to 10 judicial days after filing, and the tenant has 5 days after receiving notice to file a written defense. Note: Any notice duty would come from the lease, not statute. | W. Va. Code § 55-3A-1 | Not in statute |
| Eviction notice: lease violation | Not specified in state statute. No statute requires a pre-filing notice or cure period for a lease violation. You may petition for summary relief if the tenant breached a warranty or lease covenant, or deliberately or negligently damaged the property. The same hearing timeline applies. Note: Any notice duty would come from the lease, not statute. | W. Va. Code § 55-3A-1 | Not in statute |
| Required disclosures | Not specified in state statute. No state statute requires specific landlord disclosures. We checked W. Va. Code art. 37-6 and 37-6A. For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | 40 CFR 745.113 | Not in statute |
| Fair housing beyond federal law | West Virginia adds ancestry and blindness. Its other classes match federal law. | W. Va. Code § 16B-18-5 | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for West Virginia landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.