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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).
Security Deposit ? West Virginia does not limit the amount a landlord may charge for the security deposit. However, landlords must return the deposit within 60 days of the tenant moving out. Raising Rent ? Landlords in West Virginia may increase the rent to any amount for any reason with no notice.
In West Virginia, landlords must make repairs within a ?reasonable time? after getting notice from tenants. If repairs aren't made in a timely manner, West Virginia tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement.
Tenants should report any unfit housing conditions to the landlord, or to local government agencies such as the building code inspector, fire marshal, or health department.
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.
Landlord to deliver premises; duty to maintain premises in fit and habitable condition.