Landlord-Tenant Law Guide

West Virginia Landlord-Tenant Laws

West Virginia has minimal landlord-tenant regulation. There is no deposit cap, no required entry notice, and the deposit return window is 60 days — one of the longer windows in the country.

Key Rules at a Glance

Security Deposit Limit

No statutory limit

West Virginia does not cap security deposits.

Deposit Return Deadline

60 days

With itemized written statement of deductions.

Notice to Enter

No statute

West Virginia has no notice requirement before landlord entry. Reasonable advance notice is best practice.

Rent Increase Notice

No statute

Follow the lease. One full rental period notice is customary.

Late Fee

Must be in lease; reasonable

No statutory cap.

Nonpayment Eviction Notice

Written demand; file in court

West Virginia allows landlords to file a summons in magistrate court for nonpayment without a lengthy advance notice period.

Lease Termination (Month-to-Month)

One rental period

Typically 30 days written notice.

Disclaimer:West Virginia has minimal landlord-tenant regulation. Self-help evictions are still illegal. Consult a West Virginia real estate attorney.

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Frequently Asked Questions

How long does a West Virginia landlord have to return a security deposit?

60 days from move-out, with an itemized written statement of deductions — one of the longer return windows nationally.

How do I evict a non-paying tenant in West Virginia?

Send a written demand for rent. If unpaid, file a wrongful occupation summons in magistrate court. A hearing is typically held within 10 days.

Does West Virginia require notice before entering a rental?

No. West Virginia has no statute requiring advance notice before landlord entry. 24 hours notice is always recommended.

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