Rent Escrow and Withholding Rent for Repairs in West Virginia

If you're renting in West Virginia and facing serious repair or maintenance problems in your home, you have legal rights designed to protect your health and safety. One of the most important options is rent escrow—placing rent payments in an official account until required repairs are completed. This article explains your rights, steps to legally withhold rent, official forms, and resources based on current West Virginia law.

Your Rights to Safe and Habitable Housing

Landlords in West Virginia must provide and maintain rental properties in a condition that meets basic health and safety standards. This is called the "implied warranty of habitability" and is outlined in the West Virginia Code § 37-6-30.¹ Issues like no heat, broken plumbing, dangerous structural problems, or pest infestations are typical examples of habitability violations.

Rent Escrow: What Is It and When Can You Use It?

When a landlord fails to make essential repairs after being notified, West Virginia law may allow you to withhold rent and pay it into a court-supervised escrow account. This process provides protection: your money is safely held, and the landlord is motivated to complete repairs. However, strict rules apply—you must follow them exactly to avoid risking eviction.

When Rent Escrow Might Be Appropriate

• The problem is serious and affects health or safety (e.g., lack of heat, electricity, plumbing, or unsafe conditions).
• You have already given your landlord written notice of the needed repairs.
• The landlord did not make repairs within a reasonable time (usually 14 days).

How to Start the Rent Escrow Process

To lawfully withhold rent in West Virginia, you must file a complaint in your local magistrate court and follow the procedure for establishing a rent escrow account.

• File a written complaint with your county Magistrate Court, asking to deposit your rent into escrow until repairs are made. There is no specific statewide form, but you may use the court's "General Civil Complaint Form (SCA-M201)".²
• Your complaint should clearly describe the repair problems, when you notified the landlord, and the impact on your health or safety.
• The court will consider your evidence and may order your rent payments be held in escrow.

Key Steps to Withhold Rent Legally

• Always notify your landlord of problems in writing first—keep copies for your records.
• Do not stop paying rent or use escrow without the court's approval. Placing rent in escrow protects you from nonpayment eviction.
• Attend all scheduled court hearings and bring photos, witnesses, or any other proof of the issues.

Official Tribunal and Legislation

Residential tenancy disputes in West Virginia are handled by the West Virginia Magistrate Courts. These are your point of contact for filing rent escrow complaints or habitability-related evidence. The governing law is West Virginia Code § 37-6-30—Warranty of Habitability.¹

Relevant Official Forms

• General Civil Complaint Form (SCA-M201)
  • When to use: File it if you wish to start the rent escrow process or any housing complaint in your local magistrate court.
  • Example: You told your landlord 2 weeks ago about a leaking roof and haven't received repairs. You would use the SCA-M201 to file a written complaint and request your rent be put into escrow until repairs are made.
  • Get the official SCA-M201 form here

Contact Your Magistrate Court

• You'll file forms and attend hearings at your local West Virginia Magistrate Court location.

What If Repairs Are Still Not Made?

If the court authorizes escrow and the problems continue, you may seek additional remedies, such as requesting a reduction in rent, an order for repairs, or possibly ending your lease.

FAQ: Rent Escrow and Renter Repair Rights in West Virginia

1. Can I just stop paying rent if my landlord won't fix something?
   No. You must keep paying rent or deposit it in a court-approved escrow account. Otherwise, you risk eviction for nonpayment.
2. Do I need a lawyer to start rent escrow?
   No, you can file yourself in Magistrate Court using the General Civil Complaint Form (SCA-M201), but speaking with legal aid can help.
3. What repairs qualify for rent escrow?
   Major issues affecting health or safety—like no heat, water, sewage problems, or structural hazards—meet the standard.
4. How long does the landlord have to fix a problem after notice?
   West Virginia law generally expects repairs to begin within a reasonable time, often 14 days, for serious issues.
5. Can my landlord retaliate if I use rent escrow?
   Landlords cannot legally retaliate against tenants who exercise their rights under West Virginia law.

Need Help? Resources for Renters

• West Virginia Magistrate Courts Directory – Find your local court for filing complaints or seeking escrow help
• Legal Aid of West Virginia – Free or low-cost advice for renters and habitability disputes
• WV Department of Health and Human Resources – Report unsafe conditions or learn about housing safety programs
• Official Magistrate Court Forms

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1. West Virginia Code § 37-6-30 – Warranty of Habitability
2. West Virginia Magistrate Court: General Civil Complaint Form (SCA-M201)

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