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Landlord repairs in West Virginia

Source: W. Va. Code § 37-6-30; § 55-3A-3 (summary eviction defenses) · Checked against the statute

Time to repair
A reasonable time
Repair and deduct
Not allowed
Withhold rent
Allowed with limits
End the lease
Allowed with limits

West Virginia repair deadline

Choose the state and the date the landlord got your request.

The landlord's duty to repair

The landlord must deliver the unit fit and habitable and keep it that way, meet applicable health, safety, fire and housing codes, keep common areas of multi-unit buildings clean, safe and in repair, and make all repairs needed to keep the premises fit and habitable, unless the tenant, family or guests caused the problem. The landlord does not have to make repairs while the tenant is behind on rent. (W. Va. Code § 37-6-30(a), (c))

West Virginia law names these:

  • running water and reasonable amounts of hot water at all times (units on direct public utility connections)
  • reasonable heat from October 1 through the last day of April (units on direct public utility connections)
  • electrical, plumbing, sanitary, heating, ventilating, air-conditioning and supplied appliances, including elevators, in good and safe working order
  • garbage and waste removal conveniences (multiple housing units)
  • clean, safe common areas in repair (multiple housing units)

Telling the landlord

The statute does not set a notice procedure. Legal Aid of West Virginia advises notifying the landlord as soon as possible (call, text or email is acceptable) and, if there is no timely response, sending a detailed letter with photos by certified mail. (Legal Aid of West Virginia, What to Do When Housing Conditions are Bad)

How long the landlord has

No statutory deadline. Legal Aid of West Virginia explains that the landlord must fix problems within a reasonable time, which varies from a couple of days to several weeks depending on severity.

Law: Legal Aid of West Virginia, What to Do When Housing Conditions are Bad

Repair it yourself and deduct the cost

Not allowed. No statute allows it. Legal Aid of West Virginia states that West Virginia law does not allow repair and deduct unless the lease or the landlord agrees (get any agreement in writing).

Law:
Legal Aid of West Virginia, What to Do When Housing Conditions are Bad

Withholding rent

Allowed with limits. There is no statutory withholding procedure, but a tenant may raise the landlord's breach of a material covenant (the warranty of habitability) as a defense when sued for unpaid rent or possession, and the court holds a hearing on it (§ 55-3A-3(b)). Legal Aid of West Virginia says the defense is available only if the tenant was current on rent when the defect appeared, the withheld rent should be kept in a separate account or brought to court, the court may require back rent to be paid into court while the case is pending, and a judge usually reduces rent only partially.

Law:
W. Va. Code § 55-3A-3(b), (d); Legal Aid of West Virginia, Court eviction process

Ending the lease over repairs

Allowed with limits. No statute addresses it. Legal Aid of West Virginia explains that because the landlord's failure to keep the unit habitable breaches the lease, a tenant may move out without paying the remaining rent, but risks being sued for the rest of the lease if a court finds the conditions were not bad enough; health department reports and utility 'red tags' are key evidence.

Law:
Legal Aid of West Virginia, What to Do When Housing Conditions are Bad

Going to court

Suit (e.g., in magistrate court, up to $10,000 per Legal Aid WV) for a refund of all or part of the rent based on reduced value plus damages for annoyance and inconvenience, moving costs and damaged property.

Protection from retaliation

No statute defines retaliation, but West Virginia recognizes retaliatory eviction as a defense (referenced in § 55-3A-3(g)). Legal Aid of West Virginia says a tenant may defend an eviction as retaliation if the landlord knew, before filing, that the tenant complained to the landlord or a government agency about a housing problem or joined a tenant group; the protection cannot be waived. There is no presumption period. (W. Va. Code § 55-3A-3(g); Legal Aid of West Virginia, Court eviction process)

Reporting unsafe conditions

Legal Aid of West Virginia advises contacting the local health department inspector, code enforcement officer, or the gas, electric or water utility, who may 'red tag' unsafe conditions.

Also good to know

  • The landlord's repair duty does not apply while the tenant is in arrears in rent (§ 37-6-30(c)); Legal Aid WV says a tenant who is behind must pay the complete rent before the landlord has a duty to repair.
  • If the rental agreement imposes a greater duty than § 37-6-30, the agreement controls (§ 37-6-30(b)).
  • Legal Aid of West Virginia offers a form letter to request repairs.

Related

Sources

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.