Mold in West Virginia Rentals: Tenant Rights & Next Steps

If you’re renting a home or apartment in West Virginia and notice musty smells, water stains, or visible mold, it’s important to understand your rights and what you can do to protect your health. West Virginia law requires landlords to provide safe and livable rentals, which includes addressing mold and related problems. This guide explains your rights, the steps you can take, and where to get official help when mold becomes an issue in your rental.

Understanding Mold Problems and Your Right to a Habitable Home

In West Virginia, state law requires landlords to keep rental units “fit and habitable,” meaning free from conditions that could harm your health, including excessive mold. Landlords must:

• Comply with local building and health codes, and maintain the premises to prevent health hazards like mold.
• Complete repairs when notified in writing of an issue compromising habitability.

If you notice moisture buildup, water leaks, or visible mold, promptly document the issue and notify your landlord—preferably in writing.

How to Report Mold: Important Steps for Renters

As a tenant, you’re responsible for quickly reporting any maintenance issue, including mold. Here’s how to get started:

• Document the Problem: Take photos or videos and note when you first observed the mold.
• Notify Your Landlord: Send a dated, written notice. Email is best for keeping a record.
• Keep copies of all communication and responses.

Your Rights if Mold Isn't Addressed

If your landlord doesn’t make repairs in a reasonable time after receiving your written notice, you may have the right to:

• Withhold or reduce rent (only under very limited and risky circumstances—consult legal assistance first)
• Report unsafe conditions to local authorities, such as your city or county health department
• Seek repairs and reimbursement (only after careful notice and as a last resort)
• Terminate your lease if your unit is deemed uninhabitable

Always follow official procedures and document everything to protect yourself.

Relevant Legislation and Official Forms

• State Law: The West Virginia Code § 37-6-30 – Rights and duties of landlords and tenants outlines your right to a habitable home and the duty to maintain safe, sanitary conditions.^[1]
• Repair Request: While West Virginia does not have a standardized "Repair Request" form, you can write a formal notice to your landlord describing the issue, citing the legislation above, and attaching photo evidence. For example, "Written Notice of Need for Repair (Mold Issue)," delivered by mail or email, is recommended. See Legal Aid of West Virginia’s landlord-tenant FAQs for sample language.
• Complaint to Health Department: If there is no response, you may submit a "Nuisance/Health Complaint" to your local health department. This is used when the hazard affects your health or safety. Contact your local health department in West Virginia and use their complaint procedures. Typical steps involve filling out a complaint form, providing documentation, and allowing an inspector to visit the property.

Who Handles Rental Disputes in West Virginia?

West Virginia does not have a specialized residential tenancy tribunal or board. Disputes may be handled in local Magistrate Courts. See the West Virginia Judiciary’s Landlord-Tenant Resources for court information and self-help options.

What to Do If Mold Persists: Steps and Support

If your landlord fails to address mold after your written request, consider these steps:

• Contact your local health department if the mold impacts your health or safety.
• Get advice from Legal Aid of West Virginia or another nonprofit legal service.
• As a last resort, you may pursue action in your county's magistrate court to enforce repairs or terminate your lease.

Remember: Withholding rent or arranging your own repairs can risk eviction if not done with proper documentation and legal advice.

FAQs About Mold & Tenant Rights in West Virginia

1. What should I do first if I find mold in my rental?
   Take pictures and send a written notice to your landlord describing the problem and requesting repairs.
2. Can I withhold rent because of mold?
   Withholding rent is risky and should never be your first step. Always seek legal advice before considering this option.
3. Does West Virginia have a specific repair request form?
   No, but any written notice (letter or email) describing the issue and your repair request is valid. Keep a copy for your records.
4. Who do I contact if my landlord ignores the mold issue?
   Report the condition to your local health department and consider contacting Legal Aid or the magistrate court for further support.
5. What law protects me as a renter from unaddressed mold?
   West Virginia Code § 37-6-30 requires landlords to keep rentals habitable and address hazardous conditions like mold.

Key Takeaways for Renters Facing Mold Issues

• Landlords in West Virginia must maintain habitable, safe rentals—including fixing mold problems.
• Always document and report mold in writing. Seek support if repairs aren’t made promptly.
• If unsafe, contact local health or legal organizations before taking further action.

Need Help? Resources for Renters

• Legal Aid of West Virginia: Free legal support and tenant resources.
• West Virginia Local Health Departments: Report hazardous housing conditions or file a complaint.
• West Virginia Magistrate Court - Landlord-Tenant: Filing guides and self-help resources for disputes.
• West Virginia Code § 37-6-30 – Landlord-Tenant Law: Full legislation text about rental habitability and tenant protections.

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1. West Virginia Code § 37-6-30
2. Legal Aid of WV - Landlord-Tenant FAQs
3. WV Judiciary – Landlord-Tenant Information
4. DHHR – Local Health Departments

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