West Virginia Renters: Safe Water Standards in Rentals

Access to clean and safe drinking water is essential for renters across West Virginia. If you're renting a home or apartment, knowing your rights and your landlord’s responsibilities under state law can help you address water safety problems confidently.

What Are the Legal Standards for Drinking Water in West Virginia Rentals?

In West Virginia, landlords must provide tenants with water that is safe for drinking, cooking, and bathing. This is required by both health regulations and the state’s landlord-tenant laws. Water must be free from contaminants above state or federal safety limits.

• Potable Water Requirement: Every rental unit must have a source of safe, potable water.
• Plumbing Maintenance: Landlords must keep plumbing in good working order, ensuring water is properly supplied and drains correctly.
• Compliance: Water quality standards follow the U.S. EPA Safe Drinking Water Act.

For more on the legal baseline, see the West Virginia Residential Rental Agreements Act.

Who Oversees Water Safety and Rental Conditions?

Two main agencies oversee these issues for renters:

• West Virginia Office of Environmental Health Services—responsible for water quality complaints and investigations (see their information here).
• Municipal or County Health Departments—local offices address tenant complaints, order inspections, and enforce repairs.

For general disputes in residential tenancies, you may interact with your local Magistrate Court (West Virginia Magistrate Courts handle landlord-tenant filings).

What Should a Renter Do If Water is Unsafe or Unavailable?

If your tap water is discolored, smells, tastes odd, or you lose water service, take these steps:

• Notify your landlord in writing—describe the issue and request repairs promptly.
• If no action is taken, contact your local Health Department to request inspection and testing.
• If the landlord still refuses repairs after official notice, you can file a complaint with West Virginia Office of Environmental Health Services and pursue action in the Magistrate Court.

Important Forms and How to Use Them

• Application for Hearing Before Magistrate Court (Form SCA-M 900-F 12/2019):
  • When to Use: If your landlord doesn’t provide safe drinking water or ignores written repair requests, use this form to seek a court order for repairs or rent abatement.
  • How to Use: Complete the form, providing a detailed description of your problem (e.g., “water is undrinkable due to contamination”). Submit it to your local Magistrate Court.
  • Download the official SCA-M 900-F form
• West Virginia Housing Code Complaint Form:
  • When to Use: To notify the Health Department about unsafe living conditions, including water quality issues.
  • How to Use: Fill out this form if your landlord fails to fix water problems. Submit to your county health department for inspection and possible enforcement action.
  • Find your local Health Department and complaint procedure here.

Safe Water Standards in Units on Well Water

Some West Virginia rentals rely on well water. Landlords are responsible for regular testing and must ensure water meets safe standards, particularly for bacteria and chemical contamination. Tenants can request recent water test results from their landlord. If you’re concerned about well water, contact the county Health Department for testing.

In summary, renters in West Virginia have clear legal protections for access to safe drinking water, and there are official steps you can take if problems arise.

Frequently Asked Questions

1. What should I do if my water looks or smells bad in my rental? Notify your landlord in writing right away. If the issue isn’t fixed, contact your local health department for an inspection and further action.
2. Who is responsible for water quality testing in a rental home with a private well? The landlord must test and maintain well water. Tenants can request proof of recent testing if water safety is in question.
3. What West Virginia laws protect my right to safe drinking water? The Residential Rental Agreements Act and local housing codes cover water safety and landlord obligations.
4. If my landlord won’t act, what legal form do I use? You can use the Application for Hearing Before Magistrate Court (SCA-M 900-F 12/2019) to start a complaint in court.
5. Where can I get help for emergency water shut-offs or health hazards? Reach out to your county health department, or file a complaint with the West Virginia Office of Environmental Health Services.

Conclusion

• West Virginia law requires safe, potable water in all rental properties.
• If you face unsafe water, report it in writing and contact your local health department if needed.
• Use official forms and resources to pursue corrective action and protect your health as a renter.

Understanding your rights and where to get help empowers you to secure safe water at home.

Need Help? Resources for Renters

• West Virginia Local Health Departments—Find your office to request inspections or report water issues.
• WV Office of Environmental Health Services—Statewide water safety and environmental health complaints.
• West Virginia Magistrate Courts—File a rental complaint or request a hearing.
• West Virginia Residential Rental Agreements Act—Review your landlord and tenant rights under state law.

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1. U.S. EPA - National Primary Drinking Water Regulations
2. West Virginia Code Chapter 37 Article 6: Residential Rental Agreements Act
3. WV Office of Environmental Health Services
4. Application for Hearing Before Magistrate Court (SCA-M 900-F 12/2019)
5. West Virginia Local Health Department Listing

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