West Virginia rental housing laws

What it would do: Requires all rental properties in West Virginia to have approved sewage disposal systems and prohibits straight piping. Violations constitute breaches of habitability, giving tenants remedies, though temporary failures from line breaks or mechanical failures are excused if the landlord notifies the tenant and completes repairs within 30 days.

What it would do: Requires that proof of service or return receipt be filed with the court in eviction proceedings. Requires courts to schedule hearings five to 10 judicial days after petition filing and permits tenants to file written defenses within five days of receiving notice.

What it would do: Allows landlords to serve notice to terminate tenancy and notice of eviction hearing by posting conspicuously on rental property secured by reasonable means, provided a disinterested third party effectuates posting and provides notarized affidavit with date, time, and photographic evidence.

What it would do: Prohibits landlords from penalizing tenants for calling police or emergency services, allows tenants to terminate leases without penalty if they fear imminent violence from domestic violence, sexual conduct, extortion, stalking, or harassment, and requires landlords to provide 24 hours' notice before entering rental premises for reasonable business purposes.

What it would do: Prohibits landlords from charging convenience fees to tenants for rental payments, except when the landlord accepts a form of payment that does not require a convenience fee.

What it would do: Amends definitions and tenant protections for factory-built home rental communities. Requires 12 months notice before terminating single-section homes and 5 years for multi-section homes except for good cause, mandates 3 months written notice with specific reasons, and prohibits self-help eviction methods.

What it would do: Amends eviction proceedings to require the court to schedule a hearing upon filing the petition, with the hearing scheduled five to 10 judicial days after filing, rather than requiring the petitioner to request a hearing time before filing.

What it would do: Prohibits landlords from charging convenience fees to tenants for rental payments, except that landlords who accept a form of payment that does not require a convenience fee are not subject to this prohibition.

What it would do: Amends tenant protections and landlord notice requirements for factory-built home rental communities by establishing minimum tenancy periods of 12 months for single-section homes and 5 years for multi-section homes before termination without good cause, requiring three months written notice with specific reasons, and prohibiting self-help eviction measures.

What it would do: Amends West Virginia Code §37-6-5 to allow landlords to serve eviction notices by posting conspicuously on the rental unit's front door with photographic evidence, or by publication, when a tenant refuses to accept service or fails to open the door.

What it would do: Amends West Virginia law to prohibit political subdivisions and municipalities from enacting or enforcing any ordinance, resolution, or measure that imposes rent control, defined as requiring below-market rents or controlling residential rental rates in any manner.

What it would do: Clarifies that persons residing in sober living homes are tenants under West Virginia law and defines sober living home as an alcohol-free or controlled substance-free living environment. Provides that landlords must award reasonable attorney's fees for willful or bad-faith noncompliance with security deposit provisions when the tenant resides in a sober living home.

What it would do: Creates a pilot program in Cabell County allowing recovery residences to immediately discharge residents for substance use, sexual misconduct, crimes of violence, or safety threats, while requiring due process protections for other discharges and mandating prorated refunds, return transportation, and reporting to the Bureau for Behavioral Health through May 1, 2026.