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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.
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.
Tenants may also file a complaint with the Attorney General's Consumer Protection Division if landlords fail to return damage deposits. Complaint forms may be obtained by calling the consumer protection hotline, toll-free, at 1-800-368-8808.
Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing ...
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.
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.
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.