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Renters' Rights in West VA

    The Right to Decent Housing

    • The right to decent housing gives the tenant the right to expect a clean and safe property upon moving in. This right also entails that the property must have been deemed "decent." To qualify as "decent," the property must pass an inspection and be safe and clean. If the property does not meet any of these conditions, the tenant can demand that the property be repaired immediately.

    Eviction Procedures

    • West Virginia rental rights state that the landlord must give an adequate period of notice before termination of the lease. The landlord does not have to follow these guidelines if the termination of the lease is because of nonpayment of rent or a violation of the lease. Any eviction process must be dealt with by the courts, and a 30-day notice is usually required before the formal eviction process can begin. The 30-day notice is used to allow the tenant to correct any wrongdoings with the landlord or to catch up on any overdue rent, at which point the landlord can stop the eviction process.

    Rights to Privacy

    • The right to privacy allows the tenant to have "quiet enjoyment," which means that the landlord can't trespass on the property without prior notice or proper reasons. The landlord is permitted to enter the premises if he is conducting an inspection or repairs, but only if he gave prior notice or was given consent before entering. However, the landlord does not need to give notice or get permission to enter during an emergency involving the property.

    Repairs and Security Deposits

    • West Virginia rental rights do not allow the tenant to withhold rent from the landlord to get repairs finished. Landlords are not obligated to perform repairs if the tenant is not paying or is withholding the rent. The rental rights also state that the security deposit has to be relative to the amount of rent and the lease agreement. The security deposit has to be returned to the tenant after any deductions were made to repair any damage to the property made during the tenant's stay.

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