Do I have to use the landlord's checklist, or can I create my own?

You can use the landlord's checklist, but you may also create your own and document with photos. Be sure both parties acknowledge the inspection.

What should I do if my landlord won’t do a walk-through with me?

Perform the inspection yourself, take detailed notes and photos, and share your findings with your landlord in writing.

Can I sign the lease if repairs are still needed?

Yes, but always document repair needs in writing and get an agreement on when repairs will be completed.

Is the landlord required to provide a smoke detector?

Yes, West Virginia law requires landlords to provide working smoke detectors in rental units.

Where do I file a complaint if I find health or safety violations?

Contact your local county health department. For unresolved issues, cases may go to the West Virginia Magistrate Court.

West Virginia Move-In Checklist: Renter Inspection Guide

Moving In: Inspections & Disclosures West Virginia published: June 21, 2025

Moving into a new rental in West Virginia is an exciting milestone, but it's also a crucial time to protect your rights and your security deposit. Doing a thorough inspection before signing your lease can help prevent disputes over damage or maintenance issues down the road. In West Virginia, renters have specific rights and responsibilities that start as soon as you agree to rent a property, governed by state landlord-tenant laws.

Why an Inspection is Essential Before Signing

Before you sign any lease agreement or hand over your deposit, it's vital to inspect the rental unit. This gives you a complete understanding of the property's condition and helps document any pre-existing problems. A move-in checklist isn't just a good habit—it's a way to protect your finances and peace of mind.

What to Inspect: The Move-In Checklist

West Virginia law doesn't currently require a specific state-issued move-in checklist, but it's best practice for both landlords and tenants to document the unit's condition together before moving in. Some landlords may provide their own forms and you can bring your own notes or photos.

Key Areas to Check

Doors and Locks: Test all doors, locks, and deadbolts for security and function.
Windows: Check that windows open, close, and lock, and that screens are intact.
Floors and Walls: Look for stains, cracks, holes, or peeling paint.
Ceilings: Check for water stains or evidence of leaks.
Appliances: Ensure that stoves, refrigerators, microwaves, and dishwashers work.
Plumbing: Turn on faucets; check for leaks under sinks, and that toilets flush properly.
Heating and Cooling: Test heaters, air conditioners, fans, and thermostats.
Electrical: Flip light switches, test outlets (consider using a phone charger), and check for exposed wires.
Smoke and Carbon Monoxide Detectors: Ensure they are installed and working in all key areas.
Cleanliness: Check for any pests, trash, or signs the previous tenant moved out recently.

Official Forms and Documentation

Move-In/Move-Out Inspection Checklist (Sample): While West Virginia does not supply an official form, you may use a checklist like the West Virginia Rental Inspection Form from the Department of Health and Human Resources as a reference.
How to use: Fill out the form with your landlord at move-in and keep a copy for your records. List any defects with detail and photographs. This helps clarify the original condition if there is a dispute when you move out.

Required Disclosures in West Virginia

State law requires landlords to make particular disclosures, to keep renters informed and safe. Common West Virginia disclosures include:

Lead-Based Paint Disclosure: For properties built before 1978, federal law requires landlords to provide a Lead-Based Paint Disclosure Form and an EPA-approved pamphlet.
Ownership and Identity Disclosure: The landlord must disclose, in writing, the name and address of the property owner or manager responsible for repairs (see West Virginia Code § 37-6-1).

Tip: Always take clear photos of every room and note any issues before moving personal items into the space. This evidence can be crucial if there's a dispute over your security deposit later.

Your Rights and Responsibilities

Both parties are protected under the West Virginia Landlord-Tenant Act (W. Va. Code Chapter 37). This law sets expectations for repairs, security deposits, and entry rights. Your landlord must maintain the property in a habitable condition, and you must keep it reasonably clean and return it in similar shape, minus normal wear and tear.

What If You Find Damage or Issues?

If you spot problems, note them on your checklist and notify your landlord in writing—email is fine. Request repairs or have the landlord acknowledge these issues in writing, so you're not held responsible. Major problems affecting health or safety should be reported immediately for prompt repair.

Action Steps If Repairs Are Needed:

Document each issue with photos and written notes.
Email or provide written notice to your landlord of anything that requires fixing before move-in.
Keep copies of all communication.
If you do not get a response, you may contact your local county health department if the issue is severe (e.g., sewage backup, no heat in winter).

Review the lease for any addendums that address maintenance, repairs, or move-in documentation. Detailed agreements prevent misunderstandings later on.

Who Handles Rental Disputes in West Virginia?

Rental disagreements are generally addressed in local Magistrate Courts, which handle landlord-tenant cases for issues like deposit disputes or repairs. You can learn more or locate your local court via the West Virginia Magistrate Court System page.

FAQ: Move-In Inspections and Renters' Rights

Do I have to use the landlord's checklist, or can I create my own?
It's best to use whatever the landlord provides, but you can always supplement with your own notes, forms, and photos. Just make sure both parties sign or acknowledge the completed inspection.
What should I do if my landlord won’t do a walk-through with me?
Complete the inspection on your own, take detailed photos, and email the findings to your landlord, keeping a copy for your records.
Can I sign the lease if repairs are still needed?
Yes, but detail repairs needed in writing and request a written timeline for when they'll be completed. Do not rely solely on verbal promises.
Where do I file a complaint if I find major health or safety violations?
Start by reporting to your local county health department. For unresolved disputes, you may file a case with the Magistrate Court in your county.
Is the landlord required to provide a smoke detector?
Yes, according to West Virginia law, working smoke detectors are required in rental properties. Confirm this during your inspection.

Conclusion: Key Takeaways

Always do a thorough inspection and complete a move-in checklist before signing the lease in West Virginia.
Request required disclosures, like ownership and lead paint forms, from your landlord.
Document and report any repair needs right away, keeping records for your protection.

Being proactive at move-in is one of the best ways to protect your security deposit and ensure a safe, comfortable rental experience.

Need Help? Resources for Renters

West Virginia Department of Health and Human Resources: For local health and safety issues.
WV Lawyer Referral Service: Find legal support for tenant-landlord issues.
West Virginia Magistrate Court System: For filing formal tenant-landlord complaints and disputes.
U.S. Department of Housing and Urban Development (HUD): West Virginia Resources