West Virginia Landlord-Tenant Laws (2026)
Last reviewed: July 2026
West Virginia is one of the few states where a landlord can file an eviction case for nonpayment without serving any prior notice. There is no deposit cap, and deposits can be held up to 60 days after the tenancy ends. No entry-notice statute exists, so lease terms and reasonableness control.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
West Virginia landlord-tenant rules at a glance
| Security deposit limit | No statutory limit |
|---|---|
| Deposit return deadline | 60 days (or 45 days after a new tenant moves in, whichever is shorter) |
| Notice to enter | No statute, reasonable notice expected |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | No statutory notice required, landlords may file an unlawful detainer action once rent is unpaid |
| Late fee rule | No statutory cap, must be reasonable and stated in the lease |
| Month-to-month termination | 30 days (one full rental period) |
| Governing statute | West Virginia Landlord-Tenant Law (W. Va. Code Ch. 37, Art. 6 and 6A) |
Security deposits in West Virginia
The deposit rule in West Virginia is: No statutory limit. After the tenancy ends, the landlord must return the deposit within 60 days (or 45 days after a new tenant moves in, whichever is shorter), typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
West Virginia’s entry rule is: No statute, reasonable notice expected. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in West Virginia: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days (one full rental period) in West Virginia). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, West Virginia requires: No statutory notice required, landlords may file an unlawful detainer action once rent is unpaid. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
West Virginia’s late fee rule: No statutory cap, must be reasonable and stated in the lease. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in West Virginia, the required notice is: 30 days (one full rental period). Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is West Virginia landlord-friendly or tenant-friendly?
West Virginia is generally considered landlord-friendly. West Virginia allows eviction filings without prior notice for nonpayment, has no deposit cap or entry statute, and imposes minimal fee rules.
Official source
The governing law is the West Virginia Landlord-Tenant Law (W. Va. Code Ch. 37, Art. 6 and 6A). Read the current text at the state’s official legislative site: https://code.wvlegislature.gov/.
West Virginia landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in West Virginia?
- Security deposits in West Virginia are governed by the West Virginia Landlord-Tenant Law (W. Va. Code Ch. 37, Art. 6 and 6A). The deposit rule is: No statutory limit. After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 60 days (or 45 days after a new tenant moves in, whichever is shorter). Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in West Virginia?
- For nonpayment of rent, West Virginia requires: No statutory notice required, landlords may file an unlawful detainer action once rent is unpaid. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the West Virginia Landlord-Tenant Law (W. Va. Code Ch. 37, Art. 6 and 6A) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in West Virginia?
- West Virginia's entry rule is: No statute, reasonable notice expected. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, West Virginia requires 30 days (one full rental period) of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the West Virginia Landlord-Tenant Law (W. Va. Code Ch. 37, Art. 6 and 6A).
Compare nearby states
Related Lofty resources
- Rental property calculator — model cash flow with West Virginia vacancy and eviction-cost assumptions.
- Rental income investing guide — how landlord-tenant rules feed into returns.
- All 50 states + DC compared
This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in West Virginia may add their own requirements.