West Virginia Pet Rent Laws: What Renters Need to Know

Having a pet can make renting a home more enjoyable, but it’s common for landlords in West Virginia to charge extra for pets. Understanding the laws around pet rent, deposits, and fees can help you avoid surprises and protect your rights as a tenant. This article breaks down the rules for pet rent in West Virginia, what landlords can (and can’t) charge, and where to get help if you have a concern.

Can a Landlord Charge for Pets in West Virginia?

Yes. In West Virginia, landlords are allowed to charge pet rent, pet deposits, or other pet-related fees. There are currently no state laws that prohibit or cap the amount a landlord can charge for pet rent or fees. These charges should be clearly stated in your lease agreement before you sign.

Types of Pet Charges Explained

• Pet Rent: A recurring monthly fee added to your standard rent, often ranging from $10 to $50 or more per month.
• Pet Deposit: A one-time refundable deposit to cover any potential pet damage. This is separate from your standard security deposit.
• Non-Refundable Pet Fee: A one-time fee that you do not get back, even if your pet causes no damage.

There is no maximum set by West Virginia law for pet rent, pet deposits, or pet fees. However, all charges and terms should be part of the West Virginia Residential Landlord-Tenant Act ^[1].

Exceptions: Service Animals and Support Animals

Landlords may not charge pet rent or pet fees for service animals or emotional support animals recognized by federal law, even if a no-pet policy is in effect. If you believe you’re being charged unfairly due to your need for a service animal, reach out to the U.S. Department of Housing and Urban Development (HUD) to learn more about filing a complaint under the Fair Housing Act.

Key Facts About Security Deposits in West Virginia

While there’s no limit on pet deposits, West Virginia law does require landlords to return security deposits (including any pet deposits) within 60 days of move-out or within 45 days of a new tenant moving in, whichever is shorter. Deductions may be made for unpaid rent, damages, or other agreed charges. For details on deposit laws, you can view the West Virginia Code § 37-6A.

Required Forms and Where to Find Them

• Move-In/Move-Out Checklist: Used by landlords and tenants to record the condition of the rental unit. While not required by state law, it is a best practice. Checklists may be provided by landlords or local agencies. Example: Documenting carpet condition before a pet moves in.
• Rental Complaint Form (Attorney General): If you believe you’ve been charged illegal or unfair pet fees, you may file a complaint with the West Virginia Attorney General’s Consumer Protection Division.

The main tribunal handling landlord-tenant disputes is the West Virginia Magistrate Court. Tenants may file a case here if there’s a disagreement about deposits, pet fees, or other terms. Learn about the process at the West Virginia Court’s Landlord-Tenant Self-Help page.

What If I Disagree with a Pet Fee?

If you think a pet-related charge is unfair, follow these steps:

• Review your lease to confirm the terms you agreed to.
• Discuss your concerns directly and calmly with your landlord.
• If you can't reach an agreement, contact the West Virginia Attorney General’s Consumer Protection Division or consider filing a dispute in Magistrate Court.

Remember: All agreements about pets and related charges should be put in writing and signed by both parties to help prevent future disputes.

FAQ: Pet Rent and Fees in West Virginia

1. Is pet rent legal in West Virginia?
   Yes. Landlords in West Virginia can charge pet rent as long as it’s clearly disclosed in your lease agreement.
2. Is there a maximum amount for pet deposits?
   No. West Virginia law does not set a maximum for pet deposits or pet-related fees.
3. Can landlords charge for emotional support or service animals?
   No. Federal law prohibits charges for service animals or emotional support animals deemed medically necessary.
4. Where do I file a complaint about excessive pet fees?
   First, try to resolve it with your landlord. If that fails, file a complaint with the West Virginia Attorney General’s Consumer Protection Division or consider Magistrate Court.
5. How soon must my pet deposit be returned?
   Within 60 days of moving out, or within 45 days of a new tenant moving in, whichever comes first.

Key Takeaways for Pet Rent in West Virginia

• Landlords can legally charge pet rent, deposits, or fees, with no set state cap.
• Service and emotional support animals are not subject to pet fees.
• All pet-related fees and policies should be in your lease agreement.

Always ask questions and keep written records to protect your rights as a renter with pets.

Need Help? Resources for Renters

• West Virginia Attorney General’s Consumer Protection Division: File a rental complaint online
• West Virginia Magistrate Courts – Landlord/Tenant Disputes
• HUD—Fair Housing Complaint Process
• WV State Bar – Legal Help & Tenant Resources

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1. West Virginia Residential Landlord-Tenant Act (§37-6A)
2. West Virginia Magistrate Courts – Landlord/Tenant Disputes
3. Federal Fair Housing Act—HUD

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