Is there a limit on how much rent can be raised in West Virginia?

No. There are no legal limits on amount or frequency of rent increases for private residential leases in West Virginia.

How much notice must a landlord give before raising rent?

Landlords must provide at least one full rental period’s written notice, typically 30 days, for month-to-month leases.

What if I believe my rent increase is retaliation?

If you suspect retaliation, you can contest it in magistrate court or seek help from legal aid organizations.

Are rent increases allowed during a fixed-term lease?

Rent is usually fixed for the lease term and can only be raised when a new lease is signed, unless otherwise specified.

Can a landlord increase rent based on my race or protected status?

No. Discrimination in rent setting is illegal under the federal Fair Housing Act.

Understanding Rent Gouging Laws in West Virginia

Rent, Fees & Security Deposits West Virginia published: June 21, 2025

As a renter in West Virginia, sudden or steep rent increases can feel overwhelming. Understanding what the law says about "rent gouging" is essential for protecting yourself and knowing your rights. While West Virginia has specific laws about rental agreements and security deposits, its approach to rent control and rent gouging is different from some other states. This guide explains the basics—using simple language and linking to official, up-to-date government resources.

What Is Rent Gouging?

"Rent gouging" generally refers to excessive or unfair rent increases, especially during emergencies or times of crisis. Some states limit how much rent can rise or when a landlord can raise rents. However, in West Virginia:

No statewide rent control: There are currently no state laws that restrict how much or how often a landlord can increase rent on private leases¹.
No specific law defining "rent gouging": Unlike some states, West Virginia does not have laws that specifically define or prohibit rent gouging for residential leases².
Municipalities in West Virginia cannot enact local rent control ordinances.

This means the amount your landlord can charge—and how much they can increase rent—is generally governed by your rental agreement and by the rules on adequate notice.

How Much Can My Rent Increase?

Since there are no statewide limits, a landlord may raise the rent by any amount, but proper notice is required:

Month-to-Month Leases: Landlords must provide at least one full rental period's notice in writing before any rent increase³. For most renters, that's 30 days.
Fixed-Term Leases: Rent generally cannot be increased until the lease term ends, unless your lease states otherwise.

If you're worried about a sudden large rent increase, review your current lease for provisions about rent adjustments and notice requirements.

Can Rent Ever Be Considered Unlawfully High?

Even though West Virginia does not set rent caps, general contract and consumer protection laws apply. Rent is considered binding as long as both parties agree to it and there is no evidence of discrimination or retaliation.

Retaliatory Rent Increases: Landlords cannot raise your rent or change terms in retaliation for you exercising your legal rights (such as reporting safety issues or joining a tenant association).
Discrimination: Landlords cannot increase rent based on race, color, national origin, sex, disability, familial status, or religion. See the official Fair Housing Act page for more.

Steps You Can Take if Facing High Rent Increases

If you're faced with a rent increase and believe it may be unfair, consider these actions:

Ask for clarification in writing: Reach out to your landlord and request a written explanation for the increase.
Negotiate: If you have a good rental history, try to negotiate the amount or effective date of the increase.
Document everything: Keep copies of all communications, notices, and your rental agreement.
Contact local legal aid or fair housing organizations: They can help determine if the increase might be considered discriminatory or retaliatory.

If you choose to move out rather than accept a new rent, be sure to give required notice and review the terms for security deposit return.

Relevant Forms and Procedures

Notice to Vacate (Form not standardized statewide)
When and how to use: If you decide not to accept the rent increase, you must give your landlord written notice. There is no standard state-issued form, but a written letter will suffice. See practical examples on the West Virginia Judiciary official forms directory.
Complaint for Wrongful Eviction or Discrimination
When and how to use: If you believe a rent increase is retaliatory or discriminatory, you can file a complaint under the Fair Housing Act. Begin by submitting a complaint through the HUD Fair Housing Complaint process.

Who Handles Rental Disputes?

In West Virginia, residential tenancy disputes are generally dealt with in local county magistrate courts. These courts handle eviction actions and other landlord-tenant disagreements.

Official legislation governing residential tenancies is found in the West Virginia Code Chapter 37, Article 6 (Residential Rent, Fees & Security Deposits)

Frequently Asked Questions

Is there a limit on how much rent can be raised in West Virginia?
No. There are no legal limits on the amount or frequency of rent increases for private residential leases in West Virginia.
How much notice must a landlord give before raising rent?
Landlords must give at least one full rental period’s written notice (typically 30 days) for month-to-month leases.
What if I believe my rent increase is retaliation?
If you suspect retaliation (for example, after requesting repairs), you have the right to contest it in magistrate court or seek help through legal aid.
Are rent increases allowed during a fixed-term lease?
Usually not, unless the lease specifically allows for mid-term increases. Otherwise, rent may only be raised when a new lease is signed.
Can a landlord increase rent based on my race or other protected status?
No. Discrimination in rent-setting is prohibited by the Fair Housing Act.

Key Takeaways for West Virginia Renters

West Virginia does not have rent control or laws specifically restricting rent gouging.
Landlords must give written notice before raising rent, especially for month-to-month leases.
Discriminatory or retaliatory rent increases are illegal.

Need Help? Resources for Renters

West Virginia Magistrate Courts – Handle landlord-tenant eviction and rent dispute cases.
HUD Fair Housing Complaint Process – For discrimination concerns.
Legal Aid of West Virginia – Free or low-cost legal help for renters.
West Virginia Landlord-Tenant Statutes – Full official text of tenancy laws.