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§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
Grace Period: There is no mandatory grace period in West Virginia. NSF/Bounced Check Fee Maximum: If the tenant's rent check bounces, the landlord may charge a fee of $25 (WV Code § 61-3-39e). Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent.
Under West Virginia law, landlords have a duty to keep their property free and clear of hazards that can cause injury. Legal claims can arise when there is negligence in preventing or repairing a dangerous condition that leads to injury.
Unless otherwise stated by existing statute or case law, a landlord and tenant may negotiate most of the terms of their agreement however they see fit. Some legal protections, such as the right to fit and habitable conditions, cannot be legally negotiated away.
Rental Property A tenant has the right to contest any eviction suit. Tenants served with eviction suits should contact a lawyer. Legal Aid of West Virginia also provides certain legal services for low-income individuals who may not be able to afford a lawyer.
Once the tenant has given the landlord 14 days written notice concerning a defect or needed repair. If after that time, the landlord has not made the necessary repairs, the tenant can hire a professional to make the repairs and deduct a reasonable amount from their monthly rent.
West Virginia Renters' Rights and Landlord Responsibilities Raising Rent ? Landlords in West Virginia may increase the rent to any amount for any reason with no notice. Notice of Entry ? West Virginia does not require notice from the landlord before entering.
State law prohibits landlords from entering rental housing without either the consent of the tenant or providing reasonable notice in advance, unless circumstances require the landlord to perform emergency repairs.