DIY Repairs: Tenant Rights and Limits in West Virginia

If you're renting in West Virginia, you may wonder when you can fix things yourself and when you must turn to your landlord for repairs. Understanding your responsibilities and rights, as set out in state law, helps you avoid disagreements and keeps your home safe. This article covers essential rules about DIY repairs for West Virginia tenants and tells you what steps to take if vital repairs are needed.

West Virginia Tenant and Landlord Repair Responsibilities

In West Virginia, both tenants and landlords have responsibilities for the upkeep and habitability of rental properties. The main rules are set out in the West Virginia Residential Landlord-Tenant Act.^[1] The landlord must keep the rental unit in a livable condition, taking care of vital repairs like heating, plumbing, and keeping the premises safe.

What Tenants Can Fix Themselves

• Minor, cosmetic repairs (like replacing light bulbs or tightening screws)
• Yard maintenance or cleaning, if specified in the lease
• Replacing batteries in smoke detectors (if allowed by your rental agreement)

Always check your lease before attempting any repairs—some leases are strict about what you can and cannot do.

Repairs That Only Your Landlord (or a Licensed Professional) Should Make

• Electrical wiring or outlet issues
• Major plumbing repairs
• Heating or air conditioning systems
• Mold or structural problems
• Roof, walls, or window repairs
• Any repairs that may affect the safety or value of the property

Attempting these on your own could risk your safety or violate building codes, and may result in costs or even eviction.

Official Forms and How to Use Them

If something in your rental needs repair and it's your landlord's responsibility, you must usually notify them in writing. West Virginia does not have a state-issued, standardized form, but a notice of needed repairs (often just a dated letter) is legally required for most issues. State law refers to this process in W. Va. Code § 37-6A-2.^[1]

• Form Name: Written Notice of Required Repairs
• When to Use: When you need your landlord to fix something that is their responsibility under the law or your lease. For example: "My heat is not working. Please repair within 14 days."
• How to Use: Write a letter or email with the problem, ask for it to be fixed, and keep a copy. Send it by mail or in a way you can document (like email or certified mail).
• Official Source: The state does not issue a specific form, but guidance is available via the West Virginia Attorney General's Consumer Protection Division.

What If Repairs Aren't Made?

If the landlord does not fix a significant health or safety problem within a reasonable time, you may have options under West Virginia law. Usually, you can:

• Contact the landlord again (keep records)
• File a complaint with the Attorney General's Consumer Protection Division (statewide agency handling landlord-tenant matters)
• In some cases, seek help in your local magistrate court (the tribunal for landlord-tenant disputes)

Never withhold rent or attempt major repairs without following legal procedures. This could violate your lease and hurt your case.

Steps to Request Repairs from Your Landlord

Requesting repairs is a clear process, but keeping records is important for your rights.

• Write a dated, signed letter or send an email to your landlord detailing the problem
• Give reasonable time (usually 14 days) for the landlord to respond, unless it is an emergency (like no heat in winter)
• Keep copies of all communication and photos, if helpful
• If repairs aren't made, consider reporting to the West Virginia Attorney General's Consumer Protection Division

Risks of DIY Repairs Without Permission

Making unauthorized repairs, especially to things covered by building codes or the lease, can have serious consequences:

• Loss of damage deposit
• Possible eviction if you violate your lease
• Liability for any injury or property damage caused by your repairs

If you’re ever unsure, consult the lease agreement or get official advice.

FAQ: West Virginia DIY Tenant Repairs

1. Can I fix a leaking faucet in my West Virginia rental?
   Minor repairs like washers on faucets are sometimes permitted, but check your lease first and always notify your landlord in writing of the issue.
2. What if my landlord won't fix a major safety or health hazard?
   You should provide written notice. If the problem isn't fixed in a reasonable time, contact the Attorney General's Consumer Protection Division or seek help in magistrate court.
3. Can I deduct repair costs from my rent?
   West Virginia law does not give tenants the right to deduct repair costs from rent without a court order or explicit landlord agreement. Avoid withholding rent unless advised by the court.
4. Is there an official agency for rental disputes in West Virginia?
   Yes, the West Virginia Attorney General's Consumer Protection Division helps renters, and local magistrate courts handle legal disputes.
5. Should I use a specific form to request repairs?
   No state form is required, but written notice is essential—use a letter or email and keep records.

Key Takeaways for Renters

• Only make DIY repairs you are permitted to do—check your lease agreement and the law
• Always notify your landlord in writing for any needed repairs
• For major, health, or safety issues, use official channels if the landlord doesn't respond

Taking proper steps protects your rights and helps you avoid trouble.

Need Help? Resources for Renters

• West Virginia Attorney General's Consumer Protection Division – For complaints or legal help regarding landlord/tenant issues.
• West Virginia Magistrate Courts – Tribunal handling disputes between landlords and tenants.
• Legal Aid of West Virginia – Free or low-cost legal support for renters.
• West Virginia Residential Landlord-Tenant Act – Text of the law governing rental repairs and more.

---

1. West Virginia Residential Landlord-Tenant Act (W. Va. Code Chapter 37, Article 6A)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations