Challenging Illegal Rent Fees in West Virginia

Rent, Fees & Security Deposits West Virginia published: June 21, 2025 Flag of West Virginia

If you’re a renter in West Virginia and suspect your landlord is charging illegal or excessive fees on your rent bill, you have rights and options. This guide outlines the steps you can take to challenge fees, what state law says, and where to turn for official help. Knowing your rights as a tenant helps ensure fair treatment and peace of mind.

Understanding Legal and Illegal Fees on Your Rent Bill

In West Virginia, landlords can only charge certain fees allowed under state law. Common legal charges include rent, late fees (with reasonable limits), and sometimes security deposits. However, added charges that are not specified in your lease or prohibited by the West Virginia Residential Rental Agreements Act may be illegal.[1]

Examples of Illegal or Questionable Fees

  • Hidden administrative or processing fees not mentioned in your lease
  • Fees for standard repairs or maintenance responsibilities that are the landlord's duty
  • Excessive late fees that go beyond what’s reasonable or what’s written in your rental agreement
  • Non-refundable security deposits (security deposits must be refundable unless damages occur)

If you see unfamiliar or suspicious fees on your rent bill, review your rental agreement and the state laws linked above to compare.

How to Challenge Illegal Fees as a Renter

Challenging an illegal fee involves clear communication, documentation, and, if needed, official complaints.

  • Read your lease carefully. Note any approved or listed fees.
  • Save rent bills, letters, or emails showing the fee you’re challenging.
  • Contact your landlord in writing to dispute the specific fee. Clearly ask for removal or explanation.
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  • If your landlord refuses to address or remove the fee, you have the right to raise the issue with an official government agency or in court.

Relevant Official Forms

  • Complaint Form (General Consumer Complaint)
    Form No. N/A

    When to use: If your landlord refuses to remove a disputed fee, you can file a consumer complaint with the West Virginia Attorney General’s Consumer Protection Division. Use the Consumer Complaint Form to submit details and evidence (retaining a copy for yourself).

    Example: If your rent bill includes a mysterious $50 'processing fee' that isn’t in your lease, and your landlord ignores your request to remove it, fill out this form, attach your supporting documents, and submit it to the Attorney General’s office online or by mail.

Which Agency Handles Rental Disputes?

West Virginia does not have a specialized landlords-tenant tribunal. Small claims court is the main official venue for rent and fee disputes. For illegal fees, you may:

Magistrate Courts handle residential tenancy disputes involving money up to $10,000. More information is available from the West Virginia Judiciary self-help page.

What Does Tenancy Legislation Say?

West Virginia’s Residential Rental Agreements Act governs landlord-tenant relations. This law outlines landlord and tenant rights, what fees can be charged, and the security deposit rules. If a fee isn’t described in your lease or is against the Act, you may have grounds to dispute it.[1]

Always communicate in writing and keep copies. This will help protect your rights if you need to involve a government agency or go to court.

FAQ: Challenging Illegal Rent Fees in West Virginia

  1. What should I do if my landlord adds new fees not in my lease?
    Contact your landlord in writing and ask for clarification or removal. If they refuse, gather proof and submit a complaint to the Attorney General’s Consumer Protection Division or Magistrate Court.
  2. Is there a limit on late fees in West Virginia?
    West Virginia law does not set a specific dollar limit, but late fees must be reasonable and clearly outlined in your signed lease.
  3. Can a landlord charge a non-refundable security deposit?
    No. All security deposits must be refundable, except for deductions for valid damages as specified by state law.
  4. Where can I get help challenging an illegal fee?
    The Attorney General’s Consumer Protection Division and local legal aid organizations are good starting points.
  5. Do I need a lawyer to file a small claims case?
    No. Small Claims (Magistrate Court) cases are designed to be accessible for individuals to represent themselves. Legal aid is available if you want advice.

Key Takeaways for West Virginia Renters

  • Check your lease and state law if you see a suspicious fee on your rent bill.
  • Document all communications and keep evidence of the fee in question.
  • You can challenge illegal fees by contacting your landlord, filing a formal complaint, or beginning a small claims case.

Understanding your rights can help you protect yourself from unfair or illegal charges.

Need Help? Resources for Renters

  1. West Virginia Code, Residential Rental Agreements Act (§37-6A)
  2. West Virginia Attorney General – Consumer Protection Division
  3. West Virginia Judiciary – Small Claims Information

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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