Solar Power Credits for West Virginia Renters: Savings and Rights

As more renters in West Virginia look for ways to cut utility costs, solar power credits are rising in popularity. Navigating your rights and opportunities as a renter can seem confusing, especially with evolving energy laws. This guide explains what solar power credits are, how they can impact your bills, and what legal protections exist under West Virginia law.

Understanding Solar Power Credits in West Virginia

Solar power credits, sometimes known as net metering credits, allow users of solar energy to receive a reduction or credit on their electricity bills when they generate excess solar power. In West Virginia, certain rules guide whether and how tenants can benefit from these credits if their rental property has solar panels or if their landlord participates in a solar program.

How Solar Credits Work for Renters

Net metering in West Virginia lets property owners send any extra solar energy back to the grid for a credit with their utility provider. For renters, whether these savings are passed on depends on your lease terms and arrangements with your landlord.

• Master-Metered Buildings: Electricity for all units is billed to the landlord; any bill savings may or may not be passed down to you.
• Sub-Metered or Separately Metered Units: If your unit is individually metered and tied to the solar system, you could see direct bill credits.
• Lease Provisions: Carefully review your lease or utility addendum to see if solar credits are mentioned and how savings are distributed.

If you’re unsure about your rights, reviewing your rental agreement and speaking with your landlord is a good first step.

Legal Protections and Where to Get Help

Under the West Virginia Residential Renters' Rights laws, landlords are responsible for ensuring that utilities are available if your lease includes them.^[1] However, there are currently no state laws in West Virginia that require landlords to provide solar credits to tenants, nor are there prohibitions. If your agreement says you receive credits, this is a binding contract.

• The Public Service Commission of West Virginia (PSC) regulates utilities and handles disputes over electricity billing, including those related to net metering and solar credits.
• If you believe your lease promises solar credits you are not receiving, you may file a utility complaint with the PSC.
• If you have a dispute with your landlord regarding contractual utility terms, you may want to consult with free legal aid or file a claim in magistrate court.

Relevant Forms for Renters

• Utility Complaint Form (No specific number): Use this form if you have a dispute with your utility provider regarding solar credits, billing, or service issues.
  
  • Example: You believe you were promised solar credits that aren’t being applied to your bill, and your utility provider can investigate after you complete the form.
  • Submit a Utility Complaint to the WV PSC

You usually file a utility complaint online, with the PSC reviewing and mediating between you and the provider. Keep copies of your lease, utility bills, and any solar credit-related documents as evidence.

What the Law Says: Key Statutes for Tenants

West Virginia’s rental law is contained in West Virginia Code, Chapter 37, Article 6, which regulates landlord and tenant duties around utilities.^[1] The Public Service Commission, meanwhile, oversees utilities and net metering regulations which are outlined in General Order 184.35.^[2]

• Nothing in state law prevents landlords from sharing solar savings with tenants, but they are not required to do so unless promised by lease.
• Solar system owners (landlords) must still comply with utility provider rules and PSC regulations for net metering.

Action Steps: If You Have a Utility or Solar Credit Dispute

If you notice an issue with your solar power credits, follow these steps to protect your rights and potentially resolve the dispute:

• Review your lease and any solar power or utility addendum.
• Contact your landlord in writing to clarify how solar credits are distributed.
• Keep records of all communication and your monthly utility bills.
• If not resolved, file a complaint with the Public Service Commission of West Virginia.
• Seek free guidance from Legal Aid of West Virginia if you need legal support.

Frequently Asked Questions

1. Can my landlord keep all the solar power credits if I pay my own electric bill?
   It depends on your lease or rental agreement. If your agreement does not mention solar credits, your landlord is not legally required to share them, even if you pay a separate electric bill.
2. What should I do if I believe I’m not receiving solar credits that were promised?
   First, communicate with your landlord in writing. If the issue is not resolved, file a utility complaint with the West Virginia Public Service Commission using their online form.
3. Do utility bills count towards “rent” for late payment or eviction?
   Unless your lease clearly includes utilities as part of your rent or specifies penalties, utility bills are typically separate from rent. Consult West Virginia rental law if you’re facing eviction over utility non-payment.
4. Where do I file a complaint about utility billing disputes?
   Complaints about utility providers, including solar credit issues, can be filed with the Public Service Commission of West Virginia.
5. Are there any programs to help West Virginia renters get solar panels directly?
   Currently, West Virginia does not provide state-run solar assistance or incentives directly to renters. Check the West Virginia Office of Energy for updates on renewable energy programs.

Need Help? Resources for Renters

• Public Service Commission of West Virginia – For complaints related to utilities, billing, and solar credits
• Legal Aid of West Virginia – Free or low-cost legal help for housing and utility matters
• West Virginia Office of Energy – Information on energy efficiency, utility regulations, and renewable energy policies
• West Virginia Tenant Laws – Full text of state statutes governing rental rights and duties

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1. West Virginia Code, Chapter 37, Article 6 – Landlord and Tenant Statute
2. Net Metering Rules – General Order 184.35 (PDF, Public Service Commission of WV)

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