Student Renter Rights in College Housing – West Virginia Guide

As a college student in West Virginia, knowing your housing rights is essential to enjoying a safe and stable renting experience. Whether you're in a campus-adjacent apartment, shared house, or off-campus complex, understanding state landlord-tenant law can help you navigate issues like lease terms, security deposits, eviction, and maintenance requests.

Key Rights for Student Renters in West Virginia

West Virginia does not have separate laws for student renters, but you are fully protected by general state landlord-tenant law. Here are your primary rights as a student tenant:

• Fair Housing: It is illegal for landlords to discriminate based on protected statuses like race, national origin, sex, disability, or familial status (Fair Housing Act info).
• Written Leases: While oral leases are legal, most student rentals use written agreements. Always read before signing and request a copy of the lease for your records.
• Quiet Enjoyment: You have a right to privacy, and landlords generally must give notice before entry except for emergencies.
• Repairs and Maintenance: Landlords must keep rental properties fit, habitable, and up to code. This includes making timely repairs to heating, plumbing, or major appliances (see West Virginia Code Chapter 37 Article 6).

Security Deposits and Deductions

Most West Virginia landlords require a security deposit—often one month’s rent—that must be returned (minus any deductions for damages or unpaid rent) within 60 days after your lease ends or a new tenant moves in, whichever is first. Always request a written itemized statement if deductions are made (West Virginia Security Deposit Law).

Eviction Protections for Student Renters

Landlords must follow proper legal procedures to end your lease or evict you. This includes:

• Written notice with specific timeframes for nonpayment, lease violations, or termination without cause.
• Filing a formal eviction action known as an "Unlawful Detainer" in county magistrate court.
• Allowing you time to respond, appear in court, and present your side.

You cannot be locked out, removed, or have utilities shut off without a court order. For official details, visit the West Virginia Judiciary Magistrate Courts.

Important Forms and How to Use Them

• Notice to Vacate (No Standard Form Number): If you wish to break your lease, provide written notice as required by your lease (typically 30 days). Hand-deliver or send certified mail to your landlord, keeping a copy for your records. See official tenant forms and resources.
• Magistrate Court Civil Complaint (Form SCA-M400): If your landlord fails to return your security deposit, use this form to file a claim for its return at your local Magistrate Court. Access the Magistrate Court Civil Complaint form.
• Unlawful Detainer/Eviction Summons (Form SCA-M132): This is used by landlords to begin formal eviction. If you receive this notice, follow instructions to appear in court and respond or seek assistance. Find official court forms here.

For a complete list of forms or assistance, contact your local Magistrate Court. Always act quickly on legal papers and keep dated copies.

What to Do If You Have a Problem

• Communicate concerns in writing to your landlord or property manager.
• Document all requests for repairs, complaints, or other issues—photos and emails help protect your rights.
• Contact university legal aid, if available, for advice on student-specific situations.
• If necessary, file a formal complaint or start a court action—see action steps below if you need to file for return of deposit.

FAQs for Student Renters in West Virginia

1. Can my landlord evict me without notice during the school year?
   No, your landlord must give you legal notice and follow all court procedures before eviction, regardless of the time of year.
2. What should I do if repairs aren’t being made?
   Put your repair request in writing and keep copies. If unresolved, you may be able to withhold rent or file a claim, but get legal advice first.
3. Is my security deposit automatically forfeited if I break my lease?
   No. While breaking a lease may allow the landlord to withhold certain costs, they must provide an itemized list and return any remaining amount within 60 days.
4. Are there renter protections if I rent privately rather than through university housing?
   Yes. All off-campus rentals are governed by West Virginia’s landlord-tenant laws.
5. Where do I get the official eviction or security deposit claim forms?
   All official forms are available through the West Virginia State Magistrate Court website.

Summary and Key Takeaways

• Student renters in West Virginia have the same rights under state law as any other tenant, including the right to fair housing, written lease agreements, privacy, and a habitable home.
• Security deposit laws place clear time limits and require itemized deductions. Legal eviction must always follow court procedure.
• If in doubt, communicate in writing, keep records, and seek advice from official or university resources.

Need Help? Resources for Renters

• West Virginia Judiciary: Landlord/Tenant Self-Help – How courts handle renter issues and access to forms.
• West Virginia Residential Landlord-Tenant Law (WV Code §37-6) – Full landlord/tenant statutes.
• West Virginia State Bar Public Resources – Legal information and referrals.
• Check with your college/university student affairs or legal aid office for renter support programs.

---

1. West Virginia Residential Landlord-Tenant Law: WV Code §37-6
2. West Virginia Security Deposit Return: WV Code §37-6A
3. Magistrate Court and Eviction Forms: West Virginia Magistrate Court Forms
4. Fair Housing Protections: WV Lawyer Referral Fair Housing

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations