Legal Aid for Renters: Your Rights in West Virginia

Renter Rights & Legal Protections West Virginia published: June 21, 2025 Flag of West Virginia

If you’re a renter in West Virginia and facing issues like eviction, sudden rent hikes, or neglected repairs, help is available. Understanding your legal rights and knowing where to find support can make a real difference. This guide explains West Virginia legal aid options, key agencies, official forms, and steps you can take to protect your tenant rights.

Understanding Your Rights as a Renter in West Virginia

In West Virginia, your rights and responsibilities as a tenant are governed by the West Virginia Residential Renters Act. This law covers everything from security deposits and rent increases to the eviction process, providing protections for tenants and outlining duties for landlords.[1]

Legal Aid Providers for Tenants

Several organizations offer free or low-cost legal services to renters in need. These groups can help with eviction defense, repairs, security deposit disputes, and understanding your lease.

How Official Tenant-Landlord Disputes are Handled

In West Virginia, residential rental disputes, including evictions, are decided by the local West Virginia Magistrate Court. If you receive an eviction notice or need to take action, you’ll likely interact with your county’s magistrate court.

Important Forms for West Virginia Renters

Knowing which forms to use—and how to use them—can help you respond promptly and protect your rights. Here are some common official forms for renters:

  • Petition for Summary Relief - Wrongful Occupation (Form CIV-115-SR)
    When to use: If your landlord is trying to remove you from your home, they may file this in Magistrate Court to start an eviction. If you believe the eviction is unfair or unlawful, you can respond through the court process. See official form details.
  • Answer to Petition (Form CIV-116-SR)
    When to use: If you receive eviction paperwork, you must respond using this Answer form. For example, if you believe your rent was paid or the conditions cited are unfounded, you explain your side here. Access the official Answer form.
  • Motion to Continue (Form CIV-118-SR)
    When to use: If you need more time before your eviction hearing—perhaps to gather evidence or find legal counsel—you can ask the court for a delay using this form. Request a hearing continuance form.

Always double-check the West Virginia Magistrate Court official forms page to ensure you have the most up-to-date documents.

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How to Get Legal Help Quickly

If you receive an eviction notice or have another urgent housing problem, act fast. Here’s what you can do:

  • Contact Legal Aid of West Virginia immediately for guidance.
  • Gather all documents: lease, notices, emails, and any pictures of issues in your home.
  • Submit the appropriate forms to the Magistrate Court if you need to respond to an eviction or ask for a hearing.
  • If you’re not sure which form is right, a legal aid attorney can help you select and complete the correct paperwork.
If you have a hearing coming up and need more time, use the Motion to Continue form and submit it as soon as possible to prevent missing your chance to be heard.

Your Rights: Repairs, Deposits & Fair Treatment

The law protects renters in several key areas. Landlords must keep rental properties safe and liveable, return security deposits according to timelines, and follow proper legal steps for eviction. Detailed requirements are found in the West Virginia Residential Renters Act.[1]

  • If repairs are ignored, you may have the right to withhold rent or seek legal relief—but always consult legal aid before taking this step.
  • Security deposits must be returned within 60 days—ask for written explanations of any deductions.
  • Rent increases and eviction require advance notice.

If communication with your landlord breaks down, contact Legal Aid or the Magistrate Court for next steps.

FAQs: Legal Aid and Tenant Rights in West Virginia

  1. What should I do if I get an eviction notice in West Virginia?
    Respond quickly. File an Answer to Petition with the Magistrate Court using the official Answer form, and seek legal advice from Legal Aid of West Virginia.
  2. Where can I get free legal help for a housing problem?
    Contact Legal Aid of West Virginia as your primary resource. They handle a range of issues, including evictions, repairs, and disputes.
  3. Which court handles tenant-landlord disputes in West Virginia?
    Local Magistrate Courts handle most residential tenancy disputes, including eviction cases.
  4. What if my landlord refuses to return my security deposit?
    You can file a claim in Magistrate Court. Keep all records and consult Legal Aid or the court for forms and action steps.
  5. Do I have to pay rent if my apartment has serious repair problems?
    Consult a legal aid attorney first; West Virginia law may allow you some options, but withholding rent improperly could lead to eviction.

Key Takeaways for West Virginia Renters

  • Free legal aid is available—don’t hesitate to ask for help when facing eviction or disputes.
  • Use official forms from the Magistrate Court for any legal response; don’t ignore notices!
  • Your rights are clearly defined under state law, so know them and ask questions if anything feels unclear.

Need Help? Resources for Renters

  1. West Virginia Legislature: West Virginia Residential Renters Act (WV Code §37-6)
  2. West Virginia Magistrate Court: Official Court Forms for Civil Actions
  3. Legal Aid of West Virginia: Tenant Legal Services
  4. West Virginia State Bar: Public Information and Resources

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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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