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West Virginia

West Virginia Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for West Virginia.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in West Virginia

Sources last checked July 2026

West Virginia's eviction framework is unusual: a landlord needs no pre-suit notice at all before filing an unlawful-detainer action for nonpayment of rent or a lease violation, going straight to magistrate or circuit court under W. Va. Code § 55-3A-1. Once filed, the court must schedule a hearing within 5 to 10 judicial days, and the tenant has 5 days to submit written defenses. West Virginia sets no cap on security deposits or rent increases, and no statute authorizes any local government to enact rent control.

  • West Virginia has an unusual eviction framework: under W. Va.
  • 30-day move-out notice required for month-to-month tenancies
  • West Virginia has no statewide rent control law and does not cap the amount by which a landlord may increase rent.
  • West Virginia does not have a specific standalone statute requiring advance notice before a rent increase.
  • West Virginia does not impose a statutory limit on the amount a landlord may charge as a security deposit under W.
5 rules summarized · Each linked to the law it cites

Security Deposit Limits

Security Deposit Limits

What is the security deposit limit in West Virginia?

West Virginia does not impose a statutory limit on the amount a landlord may charge as a security deposit under W. Va. Code § 37-6A-2. Landlords may charge any amount they deem appropriate. Upon termination of the tenancy, the landlord must return the security deposit, less authorized deductions, along with a written itemized statement of any amounts withheld. The deposit must be returned within 60 days after the tenant vacates, or within 45 days of the commencement of occupancy by a subsequent tenant, whichever is sooner. If a landlord wrongfully withholds, the tenant may recover the withheld amount plus 1.5 times that amount in damages.

W. Va. Code §§ 37-6A-2, 37-6A-5

Eviction Notice Requirements

Eviction Notice Requirements

What are the eviction notice requirements in West Virginia?

West Virginia has an unusual eviction framework: under W. Va. Code § 55-3A-1, a landlord does NOT need to give the tenant written notice before filing an unlawful-detainer petition for either nonpayment of rent OR a lease violation (such as breach of a covenant or property damage) — the landlord may file directly in magistrate or circuit court. After filing, the court must schedule a hearing within 5 to 10 judicial days, and the tenant may file written defenses within 5 days of receiving notice of the petition. To terminate a month-to-month tenancy without cause, at least 30 days' written notice must be given before the end of the rental period (§ 37-6-5). While not legally required, landlords commonly still give informal notice before filing.

W. Va. Code § 55-3A-1; § 37-6-5

Rent Increase Notice Periods

Rent Increase Notice Periods

How much notice is required for rent increases in West Virginia?

West Virginia does not have a specific standalone statute requiring advance notice before a rent increase. Under W. Va. Code § 37-6-5, for month-to-month tenancies, a landlord must give at least 30 days' written notice before changing the terms of the tenancy, which includes rent. For fixed-term leases, the rent amount is set for the duration of the lease and cannot be raised until the lease expires and a new agreement is executed. There is no cap on the amount of any rent increase.

W. Va. Code § 37-6-5

Rent Control / Rent Increase Caps

Rent Control / Rent Increase Caps

Is there rent control in West Virginia?

West Virginia has no statewide rent control law and does not cap the amount by which a landlord may increase rent. Landlords may increase rent to any amount at any time, subject to applicable notice requirements. No West Virginia statute enables local jurisdictions to enact rent control or rent stabilization ordinances. West Virginia is considered a landlord-friendly state with essentially no restrictions on rent pricing beyond the requirement to provide adequate notice before changes take effect. A 2025 bill (HB 3435) that would have added an explicit statutory prohibition on local rent control died in committee without a vote, leaving the existing no-enabling-statute position unchanged.

W. Va. Code Chapter 37

Move-Out & Lease Termination Notice

Move-Out & Lease Termination Notice

What is the move-out notice requirement in West Virginia?

Under W. Va. Code § 37-6-5, either a landlord or tenant may terminate a month-to-month tenancy by providing at least 30 days' written notice before the rental period expires. The notice must clearly state the date on which the tenancy will end. Fixed-term leases terminate automatically at the end of the agreed lease term unless renewed. If a tenant remains in possession after the lease term expires without a new agreement, the tenancy may be treated as a month-to-month holdover tenancy, requiring the same 30-day notice to terminate.

W. Va. Code § 37-6-5

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