Episode 169: Location-Specific Tenancy Guidance for West Virginia
Summary
Today’s location-specific episode features West Virginia. We explore the overview of the housing guiding document called West Virginia Code Chapter 37 Real Property. Each of my location-specific podcasts is set up the same way answering the same four questions:
1) What are the basics of the West Virginia Code Chapter 37 Real Property,
2) What are the nuances of this location – what is different that stands out?,
3) Some guidance about abandoned items left behind by a tenant in a rental inWest Virginia,
4) Where to get help in your local area in West Virginia.
Then I’ll go through what I call my “Bingo Card” of standard items I see most often in tenancy laws in different locations.
This episode is NOT all inclusive – you must research further in your specific area including your County, Regional District, Parish, City or any other Governing Body that involves your rental location, but today’s episode will get you started!
This episode includes resources for West Virginia including:
West Virginia Landlord Tenant Laws (2025): Renter's Rights & FAQs
Abandoned Personal Property in Rental Housing - Legal Aid WV
Charleston, WV Specific: LandlordTenantResponsibilitiesHandbook_000.pdf
Listen to the full episode :
This Week’s Blog Post:
Starting with West Virginia’s Tenancy Code
Hi friends! I’m Dr. Jen, and in this episode of My Life as a Landlord, I’m taking a close look at tenancy rules in West Virginia—a state with family ties for me. Like all my location-specific episodes, I answer four main questions: What are the basics of tenancy law? What unique nuances exist here? How should landlords handle abandoned items? And where can landlords go for help? I also review what I call my “bingo card”—a checklist of common landlord-tenant issues to see what’s included, what’s missing, and what’s unusual in West Virginia law.
Security Deposits, Rent, and Lease Details
One of the most striking things about West Virginia is that security deposit rules are flexible. While many landlords typically charge one month’s rent, there’s technically no maximum written into law. Deposits must be returned within 45 days after the next tenant moves in or within 60 days of the lease ending. Deductions are allowed for unpaid rent, utilities, late fees (if stated in the lease), damages beyond normal wear and tear, and even removal or storage of tenant property. A written, itemized list is required. Unlike some provinces and states, West Virginia doesn’t require deposits to earn interest or be held in a separate account.
Rights, Responsibilities, and Restrictions
West Virginia prohibits landlords from locking out tenants, cutting utilities, or evicting without going through the courts. Abuse of access is defined, and retaliation against tenants who report issues is illegal. Rent can be increased at any time by any amount, with no rent control in place and no state-defined notice period. Lease wording is not standardized, so landlords must ensure their agreements clearly spell out responsibilities, late fees, and other key terms. Fixed leases end abruptly, while month-to-month agreements require at least one rental period’s notice to terminate.
Abandoned Items and Eviction Timelines
When tenants abandon property, landlords must post written notice at the rental unit and mail a copy to the tenant’s last known address. Tenants are given 30 days (or 60 days for military tenants) to reclaim belongings. If property isn’t collected within the deadline, ownership transfers to the landlord. This can be a tricky process, and I recommend landlords connect with Legal Aid for guidance. Evictions also follow state timelines, with notice periods varying depending on the type of lease and violation.
Resources and Final Thoughts
West Virginia landlords have several resources at their disposal, including Legal Aid of West Virginia, the state Attorney General’s office, and the Human Rights Commission for housing discrimination issues. I was impressed with the Legal Aid site—it offers checklists, forms, and even YouTube videos to help landlords and tenants navigate the law.
I recorded this episode in Desolation Sound, British Columbia, while anchored in Laura Cove. Why? Because real estate takes you places. Where do you want real estate to take you? Join me in Episode 170, where I dive into tenancy law in North Dakota. I’ll see you there!