West Virginia Basement Apartment Rental Laws Explained

Basement apartments offer a unique and often affordable option for renters in West Virginia. However, it's important to know your rights and responsibilities when renting this type of space. Rules for safety, habitability, and eviction may differ for basement units, so understanding West Virginia laws can help you protect yourself and avoid unexpected problems.

What Counts as a Legal Basement Apartment?

Not every basement is legally allowed to be rented as an apartment in West Virginia. For a basement unit to be considered legal and safe:

• The space must meet all state and local building codes, including requirements for ventilation, emergency exits (like windows or doors), and ceiling height.
• Utilities must be safe and in working order. This includes heating, plumbing, and electrical systems.
• Landlords are responsible for ensuring the unit is habitable according to the West Virginia Landlord-Tenant Act.¹
• Confirm if your city or county requires specific inspection or rental registration for basement units.

If you're unsure if a basement apartment is legal, ask your landlord for proof of compliance or check with your local building or health department.

Lease Agreements and Important Rental Terms

Landlords and renters in West Virginia can have either written or oral (spoken) leases. However, having a written agreement protects both parties. Your lease should clearly state:

• Monthly rent and due date
• Security deposit amount and return conditions
• Which utilities you are responsible for paying
• Rules for the use of shared spaces and facilities

Even in a basement apartment, you have the same legal rights as other renters to a safe and livable home.

Your Rights to Safe and Habitable Living Conditions

West Virginia law protects renters by requiring landlords to keep all rental units—including basement apartments—habitable. This means:

• Working heat and water year-round
• No major leaks, mold, or pest infestations
• Safe exits and smoke detectors
• Structurally sound walls, floors, and ceilings

If there are unsafe conditions, you should notify your landlord in writing. If the problems aren’t fixed in a reasonable time, you may have options under West Virginia law, such as making repairs and deducting the cost from rent (if allowed), or reporting to your local code enforcement office.

Eviction Rules and Notice Periods

Eviction in West Virginia is a formal legal process. Even in a basement apartment or conversion, your landlord must follow these steps:

• Provide proper written notice. For example, a 30-day notice for non-renewal or a 10-day notice for nonpayment of rent.
• File a case with the local West Virginia Magistrate Court if you do not leave after being given the proper notice.
• Wait until the court orders eviction. Only law enforcement can carry out an eviction, not your landlord.

For more details, see the West Virginia eviction laws.²

Relevant Tenant and Landlord Forms

Notice to Quit (Eviction Notice)

• Form Name: Notice to Quit (No form number—standard written notice)
• When and How Used: If you receive this notice from your landlord for nonpayment of rent or other reasons, it means the landlord intends to end the tenancy. For example, if you are late with rent, you might receive a 10-day Notice to Quit.
• Where to Find: You can see example language and requirements on the West Virginia Magistrate Court forms page.

Complaint for Wrongful Occupation after Notice to Quit

• Form Name: Civil Complaint (for Wrongful Occupation) – SCA-M1040
• When and How Used: If you do not move out after receiving a Notice to Quit, your landlord may file this complaint with the court. Renters can attend the hearing and present their side.
• Where to Find: Official form SCA-M1040 is available on the official court forms directory.

There is no standard state-level "repair request" form. Renters usually send their landlord a written (typed or handwritten) letter describing repairs needed and keep a copy for their records.

Important Government Contacts for Tenants

• Tribunal or Court Handling Tenancies: West Virginia Magistrate Court (find your local court)

Understanding West Virginia’s rules can help you make safer, more informed decisions if you rent a basement apartment. Be sure to document all communications and keep copies of any notices or forms you receive or submit.

FAQs on Basement Apartment Rentals in West Virginia

1. Is it legal to rent a basement apartment in West Virginia?
   Yes, but the basement must meet current building and safety codes. Always check with your local building department for any special requirements.
2. What should I do if my basement apartment has mold or or poor ventilation?
   Contact your landlord in writing to request repairs. You can also call your local code enforcement or health department if conditions are unsafe.
3. How much notice does my landlord have to give before eviction?
   For nonpayment, at least 10 days’ written notice is required. For other reasons, 30 days' notice is typical. Always check your lease for specifics.
4. Does my landlord have to provide a written lease?
   No, but a written lease protects both parties. Oral leases are legal but harder to prove terms, so a written contract is always best.
5. Who handles rental disputes or evictions?
   The West Virginia Magistrate Court deals with landlord-tenant cases, including evictions.

Key Takeaways for Basement Apartment Renters

• Basement apartments must comply with safety, health, and building codes.
• Landlords must follow legal eviction steps and notice requirements.
• Use official forms and keep written records of all communication.

Knowing West Virginia laws can help you secure healthy living conditions and take action if problems arise.

Need Help? Resources for Renters

• West Virginia Department of Health and Human Resources (Environmental Health) – for concerns about health and safety in rentals
• West Virginia Magistrate Court Forms – eviction, complaints, and other court forms
• Find Your Local Magistrate Court – file disputes or get information about eviction proceedings
• Text of the West Virginia Landlord-Tenant Act

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1. West Virginia Landlord-Tenant Act (W. Va. Code § 37-6A)
2. Eviction Procedures (W. Va. Code § 55-3)

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