West Virginia Renters: What to Do If Locked Out

If you’re a renter in West Virginia and suddenly locked out of your rental home, it can be alarming and inconvenient. Knowing your rights and the correct legal steps is essential—not just to regain access but also to protect yourself under state law. This article offers straightforward guidance for West Virginia renters facing a lockout, including what actions you can take, your landlord’s legal obligations, and where to get help.

What Is a Lockout and Why Does It Matter?

A lockout means your landlord has changed the locks or otherwise denied you access to your rental without going through the legal eviction process. This is illegal in West Virginia except in specific circumstances ordered by a court. Such actions are sometimes called “self-help evictions.”

• Changing or removing locks
• Blocking entry doors
• Shutting off utilities to force you out

West Virginia landlord-tenant law clearly prohibits landlords from forcibly removing tenants without a court order¹. This protection ensures renters can only be removed after due legal process.

Your Rights as a Renter During a Lockout

Under the West Virginia Residential Renters’ Act (West Virginia Code §37-6), only law enforcement, acting on a valid court order, can remove you or change your locks. Your landlord cannot:

• Change the locks without due process
• Remove your belongings
• Shut off water, power, or other essential utilities to force you out

It’s important to act quickly and inform yourself of the steps you need to take.

Immediate Steps to Take if You’re Locked Out

If you arrive home and find yourself locked out illegally, follow these steps:

• Document the situation (take photos or videos of the locked doors and any posted notices).
• Try to contact your landlord and ask for immediate access. Keep records of all communications.
• Gather relevant documents such as your lease, payment receipts, and any written correspondence.
• If the landlord refuses access, you can contact local law enforcement to explain your right to access under state law.

If the situation isn’t resolved, you may need to seek help from the magistrate court to regain possession or claim damages.

How to Get Legal Access Back: Forms and Process

In West Virginia, tenants can apply to the magistrate court for relief. The official tribunal responsible for residential tenancies is the West Virginia Magistrate Court.

• Form: Civil Complaint (General)
  WV Magistrate Court Civil Complaint Form
  When to use it: This is used to file a case against your landlord for wrongful lockout or to demand access and potential damages.
  Example: After being locked out, file the Civil Complaint with your local magistrate court outlining the facts and requesting an order to be let back in.

How to file: Download the form from the WV Courts Magistrate Court Forms page. Fill out all relevant information and submit it in person at your county magistrate court. There may be a small filing fee, but fee waivers are sometimes available for those with limited income.

If utilities have been shut off or you believe immediate action is needed, notify the court. The magistrate may issue a prompt hearing or temporary order.

If Utilities Are Disconnected or Property Is Seized

West Virginia law also protects tenants if the landlord shuts off essential services or removes belongings without a writ of possession from the court. Use the same Civil Complaint process if this happens.

Always keep detailed records of what was shut off, taken, or when access was denied. Evidence will strengthen your case if you need to go to court.

What Landlords Must Do to Lawfully Remove a Renter

Before any lockout or eviction can occur, a landlord must first win a court eviction case—which usually includes:

• Written notice to the renter stating the reason for eviction
• A court hearing if the renter contests the eviction
• Order from the magistrate court authorizing law enforcement to remove the tenant or change locks if the case is decided against the renter

Lockouts done outside of this legal process may lead to penalties and liability for landlords under West Virginia law¹.

FAQ: Common Questions About Lockouts in West Virginia

1. Can my landlord lock me out for not paying rent?
   No, your landlord cannot lock you out without a court order, even if you are behind on rent. Only law enforcement—after a court judgment—can evict you.
2. What should I do if my landlord changed the locks while I was away?
   Document everything, try contacting your landlord, and if not resolved, contact law enforcement or file a civil complaint with the magistrate court.
3. Is shutting off my utilities considered a lockout?
   Yes, intentionally shutting off utilities to force you out is considered an illegal lockout under West Virginia law.
4. Are there any forms to help me regain access?
   Yes, use the WV Magistrate Court Civil Complaint form to request a hearing and possible damages.
5. Where do I file a complaint about a lockout?
   File with your local county magistrate court. Contact details can be found on the West Virginia Magistrate Court website.

Conclusion: Key Takeaways for West Virginia Renters

• Landlords cannot lock you out without a court order—illegal lockouts are prohibited by West Virginia law.
• If locked out, document the issue, seek access via communication, and file a civil complaint if necessary.
• Use the WV Civil Complaint Form to initiate your case and contact law enforcement or the magistrate court for urgent help.

Need Help? Resources for Renters

• West Virginia Magistrate Court Directory – Find your county magistrate for form filing and inquiries
• WV Magistrate Court Forms – Official court forms for tenant relief
• WV Department of Health & Human Resources – Local Assistance Offices
• Legal Aid of West Virginia – Free legal help for renters (eligibility required)
• West Virginia Code §37-6: Landlord-Tenant Act

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1. West Virginia Code §37-6 - Rights and Duties of Landlords and Tenants

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