WV · Researched October 7, 2026
West Virginia has light statutory rules for landlords. There is no deposit cap, no state rule on entry, late fees, or rent increases, and no pre-filing notice for the summary eviction process, which sets a hearing 5 to 10 judicial days after filing. Managing rentals for others for pay requires a real estate broker license, unless you work exclusively for one owner.
A broker includes anyone who, for compensation, rents, manages, or leases any interest in real estate for others. The law defines property management to include collecting rent, holding security deposits, handling maintenance, and paying vendors.
Owners or lessors acting for themselves, the owner's regular employees who get no extra pay for the act, a person employed exclusively as management or rental agent for one person or entity, attorneys, holders of a good faith power of attorney, and court or trust fiduciaries.
Brokers who hold rent, security deposits, or other client money must keep a reconciled, federally insured trust fund account with no interest unless allowed by rule. No commingling, except up to $100 of the broker's own money to keep the account open.
Pet fees and application fees count as nonrefundable only if the parties agree in writing; otherwise they are treated as part of the refundable deposit.
Return the balance with a written itemization by hand delivery or mail. If damage exceeds the deposit and needs a contractor, send notice within that period and you get 15 more days to itemize. Willful violations cost the deposit plus 1.5 times the amount wrongfully withheld.
The landlord must keep deposit records. A new owner is bound to return deposits the prior owner collected. Licensed brokers must hold deposits in a trust fund account.
Articles 6 and 6A of Chapter 37 have no late fee section. A deposit can be applied to reasonable late charges only if the rental agreement specifies them.
An application fee is nonrefundable only if the parties expressly agree in writing.
During a fixed term the lease controls. A periodic tenancy shorter than a year can be ended with notice of one full period before the end of a period, so plan increases around that notice.
Articles 6 and 6A of Chapter 37 neither set nor ban rent control. Check local ordinances.
Once rent is in arrears, the owner may file a verified petition in magistrate or circuit court, and the court sets a hearing 5 to 10 judicial days after filing. Follow any notice your lease promises.
A petition may allege a breach of a warranty or lease covenant, or deliberate or negligent damage to the property. Follow any notice terms in your lease.
Year-to-year tenancies need written notice at least three months before the end of the year. The lease can set a different rule.
If the tenant does not respond, the court grants immediate possession. The order sets the move-out time, after which the sheriff removes the tenant. Continuances are for cause only, and a tenant who gets one must pay rent into court.
For abandonment with unpaid rent, first post a notice demanding rent within one month. After an eviction order, you may dispose of property after 30 days. Property worth over $300 must be stored up to 30 more days if the tenant or a lienholder asks and pays costs.
Articles 6 and 6A of Chapter 37 have no entry section. Entry rights come from the lease, so include an entry clause and give reasonable notice except in emergencies.
Supply running water, reasonable hot water, and reasonable heat from October 1 through April. The landlord does not have to make repairs while the tenant is behind on rent.
Articles 6 and 6A of Chapter 37 have no disclosure section. A managing agent who does not disclose the owner's name is treated as the landlord under the deposit law.
Protected: race, color, religion, ancestry, sex, familial status, blindness, disability, and national origin. The Fair Housing Act was recodified in 2024 as W. Va. Code § 16B-18-1 et seq.
Courts must schedule the hearing when the petition is filed, 5 to 10 judicial days out, and tenants may file a written defense within 5 days of receiving notice.
The West Virginia Fair Housing Act moved from Chapter 5, Article 11A to Chapter 16B, Article 18. Protected classes did not change.
Added a definition of property management (collecting rent, holding security deposits, handling maintenance, paying vendors) to the Real Estate License Act and changed broker license qualifications.
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Compare with other states: security deposit limit, deposit return deadline, deposit interest and holding rules, late fees, application and screening fees, rent increase notice, rent control, notice for unpaid rent, notice for lease violations, ending a month-to-month, eviction timeline, abandoned property, landlord entry, repairs and habitability, required disclosures, state fair housing protections.