Can I break my lease if the elevator is broken for a long time?

Possibly, if the outage makes your unit uninhabitable and your landlord has had a fair chance to repair it. Always give written notice first.

Is my landlord responsible for fast repairs if I can't use the stairs?

Yes. Under the Fair Housing Act, landlords must address urgent accessibility repairs promptly if you have a disability.

Can I stop paying rent if the elevator isn't fixed?

You may only withhold rent after specific legal steps. Check state laws and seek legal advice before withholding rent.

Where do I file a complaint if my landlord won't fix the elevator?

File with the West Virginia Office of Civil Rights, HUD, or take your case to local Magistrate Court if needed.

Are official forms required to request elevator repair?

No, but you should put your request in writing and save a copy. Use a letter or email and document all communication.

West Virginia Tenant Rights for Elevator Outages in High-Rises

Accessibility & Disability Accommodations West Virginia published: June 21, 2025

Living in a high-rise building in West Virginia should mean safe and accessible housing, especially if a working elevator is crucial for your daily life. When elevator outages happen, renters—especially those with disabilities or limited mobility—need clear information about their rights and options. This article explains what West Virginia law requires of landlords, how renters can take action during elevator outages, and where to go for help.

What Are Landlords Required to Do About Broken Elevators?

Under the West Virginia Landlord and Tenant Act, landlords must provide tenants with safe and habitable living conditions. This includes maintaining all essential services and common areas, like elevators, in our high-rise buildings.^[1]

Landlord's Duty: Elevators are considered a vital part of the building’s habitability, especially for renters on higher floors or with disabilities.
If the elevator breaks down, landlords must make repairs within a reasonable time after being notified.
For tenants with disabilities, prompt repair is even more critical under the federal Fair Housing Act, which protects your right to accessible housing.^[2]

What Is a "Reasonable Time" for Repair?

West Virginia law does not set a specific number of days for elevator repairs. However, landlords are generally expected to act quickly if the outage threatens safety or accessibility, particularly for people with medical needs or disabilities. It’s always best to communicate your circumstances to your landlord in writing as soon as possible.

Your Rights as a Renter During an Elevator Outage

As a renter, you have the right to:

Request timely elevator repair in writing
Request disability-related accommodations if the outage creates a hardship
Withhold rent or seek repairs only in limited, legally defined conditions and only after giving proper notice
File a complaint if your landlord fails to act

If you rely on an elevator due to a disability, notify your landlord immediately about your situation and reference your needs under the Fair Housing Act.

How to Notify Your Landlord: Required Forms

West Virginia does not have a state-mandated official "repair request" form. However, you must give written notice of the issue before taking further action. Here’s how to do it effectively:

Sample Notice of Required Repairs: Write a dated letter or email, describe the elevator problem, how it affects you, and request prompt repair.
Keep a copy for your records.

For renters with disabilities, you may request a "Reasonable Accommodation" for expedited repair under federal law. While no state-specific form exists, use the HUD Reasonable Accommodation Guidance as a template. Example: Requesting alternative arrangements while the elevator is down.

If Repairs Are Not Made: Filing a Complaint or Taking Action

If your landlord ignores your repair request or does not act in a reasonable time, you have options:

File a Housing Complaint with the West Virginia Office of Civil Rights for disability access issues
For health and safety issues, contact your local city or county housing/code enforcement office
As a last resort, consider taking your landlord to court under the Landlord and Tenant Act

The main official tribunal handling rental disputes in West Virginia is your local Magistrate Court. See the section below for steps to file a case if necessary.

Key Legislation

West Virginia Landlord and Tenant Act (WV Code Chapter 37, Article 6)
Federal Fair Housing Act (42 U.S.C. §§ 3601-3619)

If considering withholding rent or self-repair, consult the Legal Aid of West Virginia Tenant Repair Guide, as these actions have strict requirements and risks.

FAQ: Elevator Repairs and Disability Accommodations

Can I break my lease if the elevator is broken for a long time?
The ability to break your lease depends on whether the outage makes your home "uninhabitable," especially for those with disabilities. You must give your landlord formal notice and an opportunity to fix the problem first. Legal Aid or a court may help determine if your case qualifies.
Is my landlord responsible for fast repairs if I can't use the stairs?
Yes. If you have mobility needs, the Fair Housing Act requires prompt attention. Make your request clear in writing, referencing your disability and need for accommodation.
Can I stop paying rent if the elevator isn't fixed?
Withholding rent is only allowed in very specific situations and after strict legal steps. Check West Virginia law and consult a lawyer before deciding.
Where do I file a complaint if my landlord won't fix the elevator?
For disability-based complaints, contact the West Virginia Office of Civil Rights or HUD. Rental disputes can be taken to your local Magistrate Court.
Are official forms required to request elevator repair?
No state form is required, but put your request in writing and keep a copy. For disability accommodations, use a formal letter and keep documentation.

Key Takeaways for Renters

West Virginia law and federal Fair Housing rules protect your right to a safe, accessible home.
Always notify your landlord in writing about elevator outages and keep your own copy.
If repairs aren’t made, you can escalate the issue to local code enforcement, the Office of Civil Rights, or Magistrate Court.

Need Help? Resources for Renters

Legal Aid of West Virginia — Free legal help for renters
West Virginia Office of Civil Rights — File discrimination or accessibility complaints
Local Magistrate Court Finder — Find where to file rental disputes
U.S. HUD Fair Housing Complaint Portal — Submit a federal housing discrimination complaint
WV Housing Development Fund — State housing programs and renter information