State rules · WV

West Virginia landlord-tenant rules

The six rules landlords and renters ask about most in West Virginia, each with the statute it comes from.

Last reviewed September 30, 2026 Official resource: code.wvlegislature.gov

60 days

to return a deposit

Security deposit

West Virginia landlords have 60 days to return a security deposit after you move out.

30 days

landlord notice, month-to-month

Notice to vacate

In West Virginia, landlords and tenants must each give 30 days’ notice to end a month-to-month tenancy.

No cap

on late fees

Late fees

West Virginia law sets no dollar or percentage cap on late fees and no required grace period, so your lease sets the terms.

30 days

notice before an increase

Rent increase notice

West Virginia landlords must give at least 30 days’ notice before raising the rent on a month-to-month tenancy.

No fixed period

notice before entry

Landlord entry

West Virginia law sets no fixed notice period before a landlord enters.

$20,000

small claims limit

Small claims limit

In West Virginia, you can sue for up to $20,000 in small claims court.

Not legal advice. Statutes change; check the linked section. The law behind each rule: W. Va. Code Chapter 37, Article 6 (Landlord and Tenant) and Article 6A (Security Deposits); Chapter 55, Article 3A (Wrongful Occupation of Residential Rental Property).

Compare

See every state side by side