How West Virginia Renters Can File a Landlord Complaint

If you’re renting a home or apartment in West Virginia and having unresolved issues with your landlord—like unaddressed repairs, sudden rent increases, or the threat of eviction—you have rights and options. Knowing how to file a complaint against your landlord can help you resolve disputes quickly and protect yourself under state law. This guide explains the steps West Virginia renters can take to address landlord problems and seek support.

Understanding Your Tenant Rights in West Virginia

West Virginia has specific laws that outline landlord and tenant responsibilities. These laws help ensure fair treatment and safe, livable housing. The primary legislation governing these relationships is the West Virginia Code Chapter 37, Article 6: Landlord and Tenant.^[1]

Common Reasons Renters File Complaints

• Failure to make needed repairs or maintain the property
• Health or safety violations (e.g., mold, pests, broken heating)
• Unlawful entry or privacy violations by the landlord
• Improper notice before raising the rent or starting eviction
• Withholding all or part of the security deposit without lawful reason

It's important to try to resolve issues with your landlord directly first. Document all communication and keep copies of any letters, texts, or emails.

Who Handles Tenant Complaints in West Virginia?

Unlike some states, West Virginia does not have a statewide landlord-tenant tribunal or housing board. However, tenant complaints can be addressed through:

• The West Virginia Department of Health and Human Resources Public Health Sanitation Division (for health/safety issues in rental housing)
• Local city or county code enforcement for suspected housing code violations
• Small Claims or Magistrate Court (for disputes over rent, security deposits, or damages)

Formal court action is usually a last resort if problems are not fixed by the landlord or local authorities.

How to File a Complaint Against Your Landlord

If informal requests haven't worked, you can take action by submitting complaints to the proper authority. Here’s how West Virginia renters should proceed:

1. Notify Your Landlord in Writing

• Describe the issue and request a solution.
• Keep copies of your letter, messages, and any responses.

2. Contact Public Health or Code Enforcement (for habitability issues)

• Report unsafe or unhealthy conditions to the WV Public Health Sanitation Division or your local city/county health department.
• Request an inspection if needed.

3. Prepare Relevant Forms and Documentation

• West Virginia Public Health Complaint Form — Use this form to report issues like lack of heat, unsafe plumbing, sanitary violations, or pest infestations. Find the form and instructions on your local health department’s website.
  Example: If your apartment’s heating system doesn’t work and your landlord isn’t taking action, complete this form and submit to your county health department for inspection.
• Small Claims (Magistrate Court) Forms — If your issue is financial (like unpaid deposit), you may file a Civil Complaint/Claim Form with your county magistrate court. Find county forms via the West Virginia Judiciary Magistrate Courts page.
  Example: If your landlord did not return your security deposit without good cause, use the Civil Complaint form to start a small claims case.

4. Submit Your Complaint or File in Court

• Send the completed health or code complaint forms to the appropriate agency (mail, email, or online as instructed).
• File court forms in person at your county magistrate court (bring copies of correspondence and evidence).

Relevant Legislation Covering Tenant Complaints

The key state law is West Virginia Code Chapter 37, Article 6. This law covers:

• Landlord repair obligations (§37-6-30)
• Return of security deposits (§37-6A)
• Defined rental rights and eviction protections

Frequently Asked Questions

1. Can I withhold rent if repairs aren’t made in West Virginia?
   You must continue to pay rent, but you can file a complaint or take your landlord to court for failing to make necessary repairs. West Virginia law doesn’t permit you to withhold rent without risk of eviction.
2. Where do I submit a written complaint about my landlord?
   File complaints about health and safety violations with your local health department, or take legal disputes to your county magistrate court.
3. What if my landlord tries to evict me after I file a complaint?
   Retaliatory eviction (eviction in response to a complaint) is prohibited under West Virginia law. If this happens, document the timeline and seek legal assistance.
4. Is there a fee to file a small claims case against my landlord?
   Yes, but the fee is generally low. Fee waivers may be available if you cannot afford it; ask the county magistrate court for details.
5. How quickly must my landlord return my security deposit?
   Your landlord must return your deposit, with an itemized list of deductions if any, within 60 days after you move out per West Virginia security deposit law.

Key Takeaways for West Virginia Renters

• Document all rental problems and your communication with your landlord.
• Use official forms for complaints, available from local health departments or magistrate courts.
• Understand your rights under the West Virginia Landlord-Tenant laws.
• Seek help from health or legal authorities if your complaint is not resolved.

Addressing issues early can protect your home and your legal rights in West Virginia.

Need Help? Resources for Renters

• WV Public Health Sanitation Division – For unsafe or unhealthy housing
• West Virginia Local Health Departments Directory – Find your city/county health contact
• West Virginia Magistrate Courts – Information on small claims and court forms
• Legal Aid of West Virginia – Free or low-cost legal help for eligible renters

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1. West Virginia Code Chapter 37, Article 6 – Landlord and Tenant
2. West Virginia Code Chapter 37, Article 6A – Security Deposits
3. West Virginia Department of Health and Human Resources – Public Health Sanitation
4. West Virginia Magistrate Courts
5. Legal Aid of West Virginia

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