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West Virginia Landlord-Tenant Law (2026)

Notice periods, deposit caps, entry rules, and required disclosures for residential rentals in West Virginia. Every rule links to the official state statute.

Reference only, not legal advice. State laws change. Confirm with the official West Virginia statute or a licensed attorney before you serve notice or file a case.

Quick summary

Nonpayment Notice
No notice required
Cure Period
30 days
Notice to Quit
30 days
Deposit Return
60 days

Notice periods

Nonpayment of rent
No notice required
Cure lease violation
30 days
Notice to quit (month-to-month)
30 days

Security deposit

Statutory cap
No statutory limit
Return deadline after move-out
60 days

Landlord entry notice

Reasonable notice (not defined by statute)

Required disclosures

  • Lead paint (pre-1978)

Market rules

Rent control
None
Small claims limit
$10,000

Official state statute

Always confirm current law with the source before serving notice.

https://code.wvlegislature.gov/37-6/

West Virginia landlord FAQ

How many days notice do I give a tenant for unpaid rent in West Virginia?

West Virginia does not require a pre-filing notice period for nonpayment of rent. You can proceed directly under the state eviction process. Always confirm with the statute or an attorney.

What is the maximum security deposit in West Virginia?

West Virginia has no statutory cap on security deposits. You can charge what the market allows, but the deposit must still be reasonable and refundable under state rules.

How many days do I have to return a security deposit in West Virginia?

West Virginia requires landlords to return the security deposit within 60 days after the tenant vacates. An itemized list of any deductions must accompany the refund.

How much notice must I give before entering a rental unit in West Virginia?

West Virginia does not define a specific advance notice period. The statute requires "reasonable notice" — most courts read this as 24 hours, but it is safer to give more.

Does West Virginia have rent control?

West Virginia does not have rent control at the state or local level.

Is West Virginia landlord-friendly or tenant-friendly?

West Virginia is classified Landlord-Friendly. This is based on notice periods, deposit caps, eviction timelines, and tenant protection rules relative to other states. Use it as a general read, not a ranking.

What disclosures am I required to give tenants in West Virginia?

West Virginia requires: Lead paint (pre-1978). Some states add local disclosures by city. Always check the state statute for the current list.

What is the small claims court limit in West Virginia?

West Virginia small claims court hears cases up to $10,000. Most landlord-tenant disputes over deposits, damages, or unpaid rent fit within this limit.

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