West Virginia Occupancy Limits: What Renters Need to Know

Understanding how many people can legally live in your rental is vital for safe, comfortable shared housing. If you're renting in West Virginia—whether with roommates, family, or through subletting—it's important to know the state's occupancy limits and overcrowding rules. These laws help ensure safe living environments and protect both tenants and landlords from disputes.

Understanding Occupancy Limits in West Virginia

West Virginia, like many states, follows a combination of local building codes and federal guidelines to determine occupancy limits. There is no single statewide law specifying the exact number of people per bedroom—local health, fire, and building codes often set these standards. However, general guidance is available to help renters understand their rights and obligations.

Federal Guidelines

• The U.S. Department of Housing and Urban Development (HUD) typically recommends a standard of two persons per bedroom, but allows flexibility based on unit size and configuration.
• Housing providers cannot enforce stricter limits solely to exclude families or based on familial status—this is prohibited under the Fair Housing Act (42 U.S.C. § 3601 et seq.).

For more on the federal occupancy guideline, see HUD’s guidance on occupancy standards.

Local Code Enforcement

• Most cities and counties in West Virginia set occupancy by the total square footage or number of bedrooms in a rental unit. For example, a two-bedroom apartment is usually suitable for up to four people.
• Some municipalities apply a formula such as 150 square feet for the first occupant, plus 100 square feet for each additional occupant (check with your local code office).
• If you’re unsure of your area’s rules, contact your city or county building or health department—see the "Resources" section below for links.

What Counts as Overcrowding?

Overcrowding typically happens when more people live in a rental than the space is designed for. This can lead to:

• Health and safety violations (like blocked exits or insufficient ventilation)
• Landlord complaints or lease violations
• Official action by city code enforcement, possibly resulting in fines or eviction

To determine if you’re at risk of violating local or state overcrowding laws, review your lease, check local ordinances, and refer to federal guidelines.

Where to Find Official West Virginia Laws and Rules

While there is no single West Virginia state law setting residential occupancy limits, rental arrangements are governed broadly by the West Virginia Residential Rental Agreements Act (Chapter 37, Article 6 of the West Virginia Code)¹. This law addresses lease terms, tenant and landlord rights, eviction, and habitability, but leaves occupancy numbers to local codes unless otherwise specified in the lease.

Official Forms for Occupancy or Complaint

• West Virginia Tenant’s Complaint for Code Violations
  Form: Local versions, most often found on city/county code enforcement websites.
  Use: If you believe your living situation violates health or safety codes (such as overcrowding), you can submit this form to your local city or county code enforcement office. For example, in Charleston, WV, use the City of Charleston Code Enforcement Complaint Form.
  Practical Example: If your landlord places additional tenants in your rental, causing unsafe crowding, report via your local complaint form. The code office will investigate and may issue orders to resolve the issue.
• Notice to Remedy Condition (Form No official state form)
  Use: Written notice to landlord requesting correction of overcrowding or unsafe conditions, as supported by West Virginia Code § 37-6-30.
  How: Draft a letter describing the problem (with dates, details), deliver it to your landlord, and keep a copy. If unresolved, escalate to local authorities. See sample template guidance from the Legal Aid of West Virginia.

Who Handles Disputes?

• The West Virginia Magistrate Courts oversee landlord-tenant disputes, including eviction for overcrowding or code violations.
• If you face legal action, you may respond using the court system—see the Magistrate Court Self-Help Landlord-Tenant Resources.

What Should Renters Do If They Suspect Overcrowding?

• Review your lease and local occupancy standards.
• Communicate concerns with your landlord in writing.
• File a complaint with your city or county code office if your concerns are not resolved.
• Seek legal support if your housing is threatened due to occupancy issues (see Resources below).

FAQs on Occupancy Limits and Overcrowding in West Virginia

1. Are there state laws on how many people can share a rental in West Virginia?
   No, West Virginia does not set a specific state-level occupancy limit. Check your lease, local building code, or health department guidelines.
2. Can my landlord evict me for too many people living in the unit?
   Yes, if you exceed limits stated in your lease or local ordinances. Landlords must follow proper eviction procedures, and you have the right to contest the eviction in Magistrate Court.
3. What can I do if my unit feels overcrowded but my landlord keeps adding tenants?
   Send a written notice to your landlord detailing your concerns and file a complaint with local code enforcement if the situation is not remedied.
4. Does a baby or young child count toward occupancy limits?
   Often, yes—children are typically counted as occupants under local codes, but Fair Housing laws protect families from discrimination for having children.
5. Where do I file an official complaint about overcrowded or unsafe housing?
   With your local city or county code enforcement office. Visit your local government’s website or see the "Resources" section below for links.

Key Takeaways for Renters

• There is no strict statewide occupancy law in West Virginia; defer to local codes, your lease, and federal guidelines.
• If you suspect overcrowding, communicate with your landlord and contact local code enforcement with formal complaints if necessary.
• West Virginia law protects your rights—but knowing your local codes and lease requirements is essential to avoid disputes or eviction.

Need Help? Resources for Renters

• West Virginia Residential Rental Agreements Act – official legislation text
• West Virginia Magistrate Court Self-Help Landlord-Tenant Resources – for filing or responding to court actions
• West Virginia Attorney General: Landlord-Tenant Information
• Legal Aid of West Virginia – free legal services for renters
• Local code enforcement offices (visit your city/county official website)
• HUD: Fair Housing Complaint Process

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1. West Virginia Residential Rental Agreements Act (W. Va. Code Chapter 37, Article 6)

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