West Virginia Landlord Repair Duties: What Renters Need to Know

If you’re renting in West Virginia and facing problems like a leaking roof, faulty heating, or unsafe electrical outlets, knowing your rights around landlord repair responsibilities can help you live more safely and comfortably. West Virginia law outlines exactly what your landlord must maintain to keep your rental unit habitable, and how you as a renter can request necessary repairs. As a renter, understanding these legal obligations can make the process of requesting repairs clearer and prevent disputes.

Your Right to a Safe and Livable Home in West Virginia

West Virginia landlords must keep rental properties in good, safe, and clean condition, a principle known as the "implied warranty of habitability." This means the property must be fit for people to live in and comply with building and housing codes that affect health and safety.

• Working plumbing, heating, and electrical systems
• Safe, weatherproof roofs and walls
• Proper locks on doors and windows
• Pest control (if not caused by tenant’s actions)
• Functioning smoke detectors and safe stairways

West Virginia’s primary landlord-tenant law is known as the West Virginia Landlord-Tenant Act.^[1]

What Landlords Must Repair and Maintain

Once you move in, your landlord remains responsible for addressing any problems that impact health, safety, or violate the local housing code—even if your lease does not mention repairs. Some examples include:

• Broken heating system during winter
• Leaking pipes causing water damage
• Faulty wiring creating a fire risk
• Mold due to building disrepair, not tenant behavior
• Unsafe entryways or missing locks

However, landlords are not required to fix issues you caused through negligence or misuse (for example, damage beyond normal wear and tear).

How to Request Repairs

If something needs fixing, the first step is to notify your landlord in writing. A written request creates a record and gives your landlord a fair opportunity to respond. Keep a copy of your request and note the date sent.

If your landlord does not respond within a reasonable time or refuses to make repairs, you may have other legal options, which may include reporting code violations or, in some cases, seeking a rent reduction.

Official Form: Sample Notice to Landlord for Repairs

• Form Name: Notice to Landlord of Required Repairs (no official form number in WV)
• How It’s Used: This written notice is used when a renter needs to formally request repairs. For example, if your apartment has a leaking pipe and the landlord has not acted after an initial phone call, you should deliver this notice by mail or email to create a written record.
• See sample notice in the WV Attorney General Landlord-Tenant Guide, p. 17

What If Repairs Are Not Made?

In most cases, if your landlord fails to make necessary repairs after written notice, you can:

• Report the problem to the local health or housing code department
• File a case in court to seek an order for repairs or damages
• Never legally withhold rent without a court order—this can risk eviction

If you’re unsure about next steps or repairs are urgent, connect with local legal aid or a housing advocate for guidance. Acting quickly can help keep your housing safe and avoid bigger issues.

Who Handles Landlord-Tenant Disputes in West Virginia?

West Virginia does not have a central statewide landlord-tenant tribunal. Disputes are generally handled in your local county magistrate court. For more information on county magistrate courts, visit the West Virginia Judiciary Magistrate Court Directory.^[2]

Your Rights Under the Law

Details of landlord repair responsibilities are found in the West Virginia Landlord-Tenant Act. Always check your lease, but remember that state law requires basic habitability even if the lease does not mention repairs.

FAQ: West Virginia Landlord Repair Responsibilities

1. What repairs is my landlord legally required to make in West Virginia? Landlords must fix problems that affect health, safety, or violate housing codes—such as heating, plumbing, electricity, and structural integrity.
2. Can I withhold rent if my landlord doesn't make repairs? No, withholding rent without a court’s approval could result in eviction. Seek legal help or contact your local magistrate court for guidance.
3. What should I do if my landlord ignores my written repair request? Consider reporting the issue to your local code enforcement or file a complaint in magistrate court. Always keep copies of all correspondence.
4. Where can I find a sample repair request notice? The WV Attorney General's Landlord-Tenant Booklet has a sample notice you can use.
5. What government agency can help with rental repairs? Contact your local health department, code enforcement, or the West Virginia Attorney General’s Consumer Protection office for support.

Conclusion: Key Takeaways for West Virginia Renters

• Landlords in West Virginia must keep rentals safe and habitable under state law.
• Always send a written notice for repairs and keep a copy for your records.
• For unresolved problems, report to local housing authorities or consider court action—but never stop paying rent without legal advice.

Need Help? Resources for Renters

• West Virginia Attorney General – Landlord/Tenant Resources
• West Virginia Department of Health and Human Resources: Environmental Health
• West Virginia Magistrate Courts Directory
• Legal Aid of West Virginia

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1. West Virginia Landlord-Tenant Act (W. Va. Code § 37-6A)
2. West Virginia Courts – Magistrate Courts

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