Demanding Repairs Before Move-In in West Virginia

When you're preparing to move into a new rental home in West Virginia, it's important to ensure that the property is safe and in good condition before you sign your lease or hand over any money. State law gives renters certain rights around the condition of rental housing and requires landlords to follow health and safety standards. This guide explains your options for demanding repairs before move-in, which forms to use, and what steps to take for a smooth start to your tenancy.

Understanding Your Rights Before Move-In

West Virginia law requires landlords to provide rental units that meet basic health and safety standards when you move in. This means the property should be:

• Structural sound, with no unsafe conditions (for example, working doors and windows, no broken stairs)
• Equipped with functioning plumbing, heating, and electrical systems
• Free from pest infestations
• Clean, with working locks and smoke detectors

These requirements are outlined under the West Virginia Residential Landlord-Tenant Act.^[1] If you spot any issues during your pre-move-in inspection, you have the right to request repairs before signing the lease or accepting the keys.

How to Request Repairs Before Moving In

It's best to put your repair request in writing for documentation purposes. This shows the landlord exactly what needs to be fixed and provides a record if you need to follow up. In West Virginia, there's no official "demand for repairs" form provided by the state. Instead, it's standard to use a written letter or email to notify the landlord of issues.

What to Include in Your Repair Request

• Your name and contact information
• The address of the rental property
• A detailed list of items that need repair or replacement
• Photos (if possible)
• A request that repairs be completed before move-in
• The date by which you’d like the repairs finished

Keep a copy of your request for your records. Here’s a helpful sample from the West Virginia State Bar: Tenant’s Repair Request Sample Letter.

How to Deliver Your Request

• Send your written request by email or mail (preferably via certified mail for proof)
• Hand-deliver and ask for a signed receipt

Landlord's Responsibilities

Your landlord must ensure the rental is "fit for human habitation" at move-in. If significant repairs are required, you can ask that the lease start date be delayed or request written confirmation that necessary repairs will be finished by an agreed date. If the landlord refuses or fails to confirm repairs will be made:

• Consider not signing the lease or paying any deposit until repairs are completed
• Discuss alternative options, such as signing a conditional agreement that lists what will be fixed and by when

What If Repairs Aren’t Made?

If the landlord refuses to fix key issues that affect health and safety, you shouldn’t be pressured to move in. You have a right to safe, livable housing under state law. If the landlord is unresponsive:

• Contact your local building or housing code enforcement office
• Consider reaching out to West Virginia Housing Stability Program for assistance
• You can file a complaint or seek mediation through your county magistrate court (Magistrate Court of West Virginia)

The Magistrate Court handles residential landlord–tenant disputes in West Virginia, including repair and safety concerns.

Relevant Forms and Where to Find Them

• Tenant’s Repair Request Sample Letter: Used to formally request repairs before move-in.
  • Example: You find water damage and a faulty heater during your walkthrough. Fill out the letter, list these problems, and send it to your landlord.
  • Get the official sample letter
• Complaint Form – Magistrate Court (Form SCA-M407): Used if you need to file a legal claim for repairs if the landlord fails to respond.
  • Example: Landlord ignores your repair request and you have not moved in yet. File this complaint at your local magistrate court.
  • View Magistrate Court Forms

You can find more about court procedures and forms through the West Virginia Magistrate Court official portal.

FAQs for West Virginia Renters

1. Can I refuse to move in if repairs aren't made?
   Yes, you can decide not to move in or sign the lease if the unit isn't habitable. Don’t give any deposits or rent until the landlord confirms repairs.
2. What if my landlord promises to fix things after move-in?
   Get all promises in writing, including the type of repair and the timeline. This protects you if the landlord doesn't follow through.
3. Can the landlord keep my deposit if I don't move in?
   If the home was uninhabitable and you did not move in, you may be entitled to a refund of your deposit. Document the issues and your communication.
4. Who handles rental disputes over repairs in West Virginia?
   The Magistrate Court in your county handles these disputes. Visit the official court website to find your local office.

Key Takeaways

• Put all repair requests in writing before you move in
• Don’t sign a lease or pay money until required safety repairs are confirmed
• Use official forms and resources to protect your interests
• The West Virginia Magistrate Court is the authority for rental disputes

Need Help? Resources for Renters

• West Virginia Housing Stability Program: Tenant support and emergency housing help.
• Magistrate Court Directory: For filing complaints or seeking mediation.
• West Virginia State Bar: Renters’ legal information and sample letters.
• Read the West Virginia Landlord-Tenant Act: Full text of the tenancy laws.

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1. West Virginia Code Chapter 37, Article 6 - Landlord and Tenant

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