Rent increases in West Virginia
Source: W. Va. Code § 37-6-5 · Checked against the statute
- Notice
- 1 month / 7 days / 3 months
- Statewide cap
- No statewide cap
- During a lease
- No state statute
- Local rent control
- No state law on it
When can a rent increase start in West Virginia?
Choose the state and the date the notice is given.
How much notice is required
West Virginia has no rent-increase notice statute; the termination rule applies. Any periodic tenancy shorter than a year (month-to-month, week-to-week) ends by notice for one full rental period before the end of a period; a year-to-year tenancy needs written notice at least three months before the end of the year. A plain 30-day notice usually falls short (Legal Aid WV), and a special agreement can set a different notice period. (W. Va. Code § 37-6-5)
No separate rent-increase rule: the periods below are the notice to end a periodic tenancy.
| Applies to | When | Notice |
|---|---|---|
| Month-to-month | — | 1 month |
| Week-to-week | — | 7 days |
| Year-to-year | — | 3 months |
- The notice must be in writing.
- The change can only start at the end of a rental period (on a rent day).
Example: a notice handed over on November 2, 2026 in West Virginia
Earliest date the new rent can start, with rent due on the 1st, worked out from the West Virginia rule above:
- For a month-to-month tenant of 1 year raising rent 5% or a month-to-month tenant of 3 years raising rent 12%: Friday, January 1, 2027
- For a week-to-week tenant raising rent 5%: Tuesday, December 1, 2026
Raising rent during a lease
No West Virginia statute addresses raising rent during a fixed-term lease.
City and county rent control
No West Virginia statute found that either bars or authorizes local rent control.
Retaliatory rent increases
No statute specifically bars a retaliatory rent increase. Legal Aid WV says tenants can raise a retaliation defense to an eviction if the landlord knew they complained to the landlord or a government agency about a housing problem or joined a tenants' group, and that the duty not to retaliate cannot be waived by the lease. (Legal Aid WV — Court Eviction Process for Renters)
Also good to know
- The written-notice rule does not apply to a lease that ends on a set date (W. Va. Code § 37-6-5).
- 2026 HB 4570 (amending § 37-6-5) passed the House but stalled in Senate Judiciary; the section is unchanged.
Other West Virginia renting rules in numbers
- Security deposit
- No statutory limit. Return deadline: 60 days after the tenancy terminates.
- Tenant's notice to move out
- 1 rental period, ending with a rental period
- Notice for unpaid rent
- No notice required
- How a written notice is delivered (eviction-notice rules)
- No pre-filing notice is required. Notice of the court hearing must be served under W. Va. R. Civ. P. 4 or by certified mail, return receipt requested (W. Va. Code § 55-3A-1(c)).
- Notice for other lease violations
- No notice required
- Small claims court limit
- $20,000 — where most deposit and rent disputes are filed.
- Repairs
- Time to repair: A reasonable time. Repair and deduct: not allowed; withholding rent: allowed with limits.
- Deposit kept wrongly
- For willful or bad-faith noncompliance: the unreturned deposit PLUS damages equal to one and a half times the amount wrongfully withheld, so up to 2.5 times the withheld amount in total. If the tenant owes rent, the award is credited against the rent (§ 37-6A-5(a)).
- Lawful reasons to end a lease early
- Military service (state law); Unit unlivable or landlord fails to repair; Other
Sources
- W. Va. Code § 37-6-5 Retrieved October 15, 2026.
- Legal Aid WV — How Much Notice is Required in a Month-to-Month Tenancy? Retrieved October 15, 2026.
- Legal Aid WV — Court Eviction Process for Renters in West Virginia Retrieved October 15, 2026.
- WV Legislature — HB 4570 (2026) bill history Retrieved October 15, 2026.
Laws change. This page was checked against the sources above on October 15, 2026. It is legal information, not legal advice; for a dispute, contact your state's legal aid. See our methodology.