Where West Virginia landlord-tenant law comes from
Most of the rules are in Chapter 37 of the West Virginia Code. Article 6 covers leases, notice to terminate, the landlord’s duty to keep units fit and habitable, and what happens when the property is sold. Article 6A covers security deposits. The summary eviction process is in Chapter 55, Article 3A.
Unlike states with a single landlord-tenant act, West Virginia leaves many day-to-day terms, such as late fees and entry, to the lease itself. That makes a well-drafted lease more important here than in most places.
West Virginia landlord-tenant rules at a glance
The table summarizes the statutes as of October 2026. Where the statutes we reviewed are silent, the lease controls.
| Rule | West Virginia requirement | Source |
|---|---|---|
| Ending a month-to-month tenancy | Written notice one full rental period before the end of a period | W. Va. Code 37-6-5 |
| Ending a year-to-year tenancy | Written notice at least three months before the end of the year | 37-6-5 |
| Nonpayment of rent | No pre-filing notice required for a summary relief petition | 55-3A-1 |
| Security deposit cap | None | 37-6A |
| Deposit return | 60 days after the tenancy ends, or 45 days after a new tenant moves in if sooner | 37-6A-1(7), 37-6A-2 |
| Late fees | Not capped in Articles 6 or 6A; set by the lease | 37-6A-2(b) |
| Entry notice | Not set in Articles 6 or 6A; put it in the lease | Lease |
| Eviction hearing | 5 to 10 judicial days after the petition is filed | 55-3A-1 |
How much notice does a landlord have to give in West Virginia?
One full rental period for a periodic tenancy. Under W. Va. Code section 37-6-5, a month-to-month tenancy ends on written notice given one full period before the end of any period, so a notice given by April 30 can end the tenancy at the end of May. A week-to-week tenancy needs a full week.
A year-to-year tenancy needs more: written notice at least three months before the end of the lease year. That rule catches owners whose annual leases roll over without a new signature, so check what kind of tenancy each unit has before you plan a sale with vacant units.
A bill to amend section 37-6-5 to allow service of a summons by posting on the property, House Bill 4570, passed the House in February 2026 but stalled in the Senate Judiciary Committee, so the section is unchanged.
Security deposits in West Virginia
West Virginia sets no limit on the size of a security deposit. A pet fee or application fee is left out of the statutory definition of a security deposit only if you and the tenant expressly agree in writing that it is nonrefundable, so put that agreement in the lease.
The return deadline is the shorter of two periods: 60 days after the tenancy ends, or 45 days after a new tenant moves into the unit. Send the deposit back with a written itemization of any deductions. Allowed deductions include unpaid rent and late charges set by the lease, damage beyond normal wear and tear, unpaid utilities the tenant owed, reasonable costs to remove and store abandoned property, and other charges the lease allows.
If damage exceeds the deposit and you need a contractor, give the tenant written notice within the return period and you get 15 more days to send the itemization and repair costs.
- Keep itemized records of deductions for one year after the tenancy ends, and let the tenant inspect them or have a copy within 72 hours of a written request (37-6A-3).
- If mail to the tenant comes back undeliverable, hold the deposit or notice for six months.
- A landlord who withholds willfully or in bad faith owes the deposit plus damages of one and a half times the amount wrongfully withheld (37-6A-5).
Late fees and entry in West Virginia
The deposit and tenancy articles of the West Virginia Code do not cap late fees. Section 37-6A-2 lets a landlord deduct late charges set by the rental agreement from a deposit, which means the lease is where the fee is created and limited.
Those articles also do not set a notice period for landlord entry. Write an entry clause into every lease that states how much notice you will give, the hours you will enter and the emergency exception, and follow it. Ask a West Virginia attorney whether any local ordinance or other law adds a requirement for your building.
The eviction process in West Virginia
Most apartment evictions in West Virginia use a petition for summary relief for wrongful occupation of residential rental property, filed in the magistrate court or circuit court of the county where the building sits. The steps are short.
- File a verified petition describing the lease, the grounds and any rent owed. For nonpayment, the statute does not require a pre-filing notice, though your lease may.
- The court sets a hearing no fewer than 5 and no more than 10 judicial days after filing.
- Serve the hearing notice right away under Rule 4 or by certified mail. The tenant has 5 days from receiving it to file a written defense.
- At the hearing, continuances are not granted as of right, and a tenant who gets one must pay rent into court as it comes due.
- If the tenant is in wrongful occupation, the court grants immediate possession and sets a vacate date. If the tenant stays past that date, the sheriff removes them.
The 2025 change to eviction hearings
House Bill 3272, approved by the governor on April 28, 2025 and in effect from July 11, 2025, rewrote section 55-3A-1 so the court must schedule the hearing when the petition is filed, between 5 and 10 judicial days later. It also requires the hearing notice to tell the tenant that a written defense can be filed within 5 days of receiving it.
For owners, the change means a predictable hearing date close to the filing. With no pre-filing notice required for nonpayment, an uncontested case can move quickly, though the total time still depends on service and the vacate date the court sets.
If a tenant appeals and wins, relief is generally limited to money damages once the lease term has expired, unless the case involves title, retaliation or a breach of warranty, and a tenant whose tenancy has expired cannot stay in possession while the appeal is pending.
Landlord-tenant bills in the 2026 session
Two eviction bills moved in the 2026 regular session but did not become law. Senate Bill 799, which would have required the return of service or certified mail receipt to be filed with the court in summary eviction cases, passed the Senate on February 20, 2026 and went no further than House Judiciary. House Bill 4570, the posting-service bill, stalled in the Senate. Similar bills may return, so check the Legislature’s bill status pages before relying on the current procedure in a contested case.
Is there rent control in West Virginia?
No. The landlord-tenant articles of the West Virginia Code, Chapter 37, Articles 6 and 6A, contain no limit on rent increases, and West Virginia has no statewide rent control. Rent terms are set by the lease, so increases are usually timed to a renewal.
Rent can still be an issue in other ways. A rent increase used to punish a tenant for complaining about conditions can support a retaliation defense, and federally assisted or tax credit units carry their own rent rules.
Selling a West Virginia building with tenants in place
Leases survive the sale. Under W. Va. Code section 37-6-1, the buyer, as grantee of the landlord’s interest, gets the same rights and remedies under each lease that you had, including the right to enforce its conditions. Section 37-6-2 gives tenants matching rights against the buyer. The buyer steps into your place, and tenants keep their term and rent.
Section 37-6A-2(e) makes whoever holds the landlord’s interest when a tenancy ends responsible for returning any deposit the original landlord received, whether or not the deposit was actually transferred and regardless of any contract between seller and buyer. A buyer will therefore insist on a credit at closing for every deposit you hold. Deliver the deduction records you are required to keep, and give tenants written notice of the new owner and where to pay rent.
Give the buyer a rent roll, copies of every lease, the deposit ledger and a list of any pending summary relief petitions.
Habitability and other duties
Section 37-6-30 requires a landlord to deliver the premises and keep them fit and habitable. Breach of warranty is one of the issues section 55-3A-3 names in an eviction appeal, and a buyer will ask about open complaints, code violations and repair requests. Keep the paperwork for repairs and inspections with the lease files, since it travels with the building at a sale.
Selling a West Virginia apartment building
Skyline buys apartment buildings with five or more units in West Virginia, occupied or vacant, including buildings with tenants behind on rent. We buy directly, close on your timeline, and can work inside 1031 deadlines. We take over the leases and deposits as they stand.
For the taxes on a sale, see West Virginia capital gains tax on real estate and our page on the 1031 exchange in West Virginia. For carrying costs, see the property tax rate in West Virginia.
