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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.
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.
Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days' notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114).
2. Timeline Lease Agreement / Type of Tenancy / Rent PaymentTermination Notice to ReceiveWeek-to-week7-Day Notice to QuitMonth-to-month30-Day Notice to QuitYear-to-year90-Day Notice to Quit
West Virginia law requires landlords to provide tenants with proper written notification in advance of any attempt to evict a person from rental property, unless the tenant has failed to pay rent or has otherwise violated the terms of the rental agreement.
Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice.
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. Repairs ? It is the landlord's responsibility to keep the rental in safe and healthy living conditions.