West Virginia Rules for Long-Term Hotel and Motel Tenants

Renting a hotel or motel room in West Virginia isn’t always just for short stays. For many, these spaces can become extended residences. If you're living in a hotel or motel for several weeks or months, it's important to know which tenancy rules protect you, how eviction works, and what rights you have regarding deposits and maintenance. This guide simplifies what West Virginia law means for people staying long-term in hotels or motels.

Are You Considered a Tenant in a West Virginia Hotel or Motel?

In West Virginia, whether guests in hotels or motels become tenants depends on the length and nature of their stay. Generally:

• If you have stayed for more than 30 consecutive days, you may gain rights similar to regular tenants under West Virginia landlord-tenant law.
• Written or verbal agreements, how rent is paid, and whether hotel staff provide cleaning services to your room can also affect your status.

This status impacts your eviction rights, deposit protections, and responsibilities for repairs.

Key Differences Between Guests and Tenants

• Guests can usually be asked to leave immediately, unless their status has changed to tenant.
• Tenants are entitled to advance notice before being required to leave and may formally challenge eviction through court.

Security Deposits and Maintenance

Once you’re considered a tenant, rules about security deposits and repairs apply. West Virginia law restricts how much can be charged for a security deposit and requires landlords (including hotels/motels treating rooms as residences) to return your deposit or provide an itemized statement within 60 days of move-out. To learn more, visit the official DHHR Renter/Tenant-Landlord Rights resource.

Eviction Process for Long-Term Hotel or Motel Residents

If you've established tenant status in a hotel or motel, eviction must follow a legal process under the West Virginia Landlord-Tenant Act. This typically requires written notice and allows you the right to contest the removal in court.

Types of Notices

• Notice to Quit: If your rent goes unpaid or you violate hotel/motel rules, management must give you a written "Notice to Quit" (no standard form used statewide). This explains why you must leave and the date by which you need to vacate.

Example: If your hotel considers you a tenant and wants to end your stay for non-payment, they would serve you a "Notice to Quit" and then may file a complaint in Magistrate Court if you do not leave.

Filing a Complaint in Magistrate Court

• WV Magistrate Court Civil Complaint (SCA-C-200): The landlord (including hotel/motel operators) can initiate eviction if you remain past your notice period by filing this form in the local Magistrate Court. You will be summoned for a hearing, where you can present your side.

For details and to view the form, visit the official West Virginia Magistrate Court Forms page.

Where to Bring Disputes or File Complaints

Disagreements over tenancy status, evictions, or return of deposits are usually handled by the West Virginia Magistrate Court. The Magistrate Court reviews landlord-tenant disputes for hotel/motel residents once tenant status is established.

Relevant Legislation

Your rights are defined by the West Virginia Landlord-Tenant Act (WV Code Chapter 37, Article 6). This covers notice requirements, eviction proceedings, and deposit rules.

Forms for Tenants in Long-Term Hotel or Motel Situations

• WV Magistrate Court Civil Complaint (SCA-C-200): Used to file or respond to complaints about unlawful eviction, non-return of deposits, or rent disputes. If you're a tenant and need to contest an eviction, use this form to respond at the Magistrate Court. Download the form directly from the West Virginia Supreme Court - Magistrate Forms.

Tip: Always attend your court hearing and bring documents such as rental receipts, copies of notices, or any written agreement with hotel/motel management.

FAQ: West Virginia Hotel and Motel Tenancy Rules

1. Do hotel or motel tenants in West Virginia have the same rights as apartment renters?
   Sometimes. If your stay lasts more than 30 days and the hotel/motel is your main home, you may have similar rights regarding eviction and deposit return.
2. How much notice must management give before I can be evicted?
   If you’re legally considered a tenant, you must receive written notice (usually a "Notice to Quit") prior to an eviction being filed with the Magistrate Court.
3. Can I use the Magistrate Court forms to dispute a hotel/motel eviction?
   Yes, once you’re a tenant under the law, you can use the Magistrate Court Civil Complaint (SCA-C-200) to defend your rights in court.
4. What if management keeps my deposit after I move out?
   If you are a tenant, West Virginia law requires hotel/motel operators to return your deposit or give you an itemized statement within 60 days.

Key Takeaways for Hotel and Motel Tenants

• Stays longer than 30 days may grant you tenant status with West Virginia legal protections.
• Eviction from hotels/motels, once you're a tenant, must follow notice and court processes.
• Security deposit and maintenance rules apply to long-term hotel or motel tenants.

Remember, always keep documentation of your stay and any agreements made with management.

Need Help? Resources for Renters

• West Virginia Magistrate Court – Handles legal disputes for hotel/motel tenants and has complaint forms.
• WV Department of Health and Human Resources – Tenant and Landlord Rights – Official overview on tenants’ rights, including hotel/motel situations.
• West Virginia Landlord-Tenant Act – Full legislation covering your tenancy rights and responsibilities.

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1. West Virginia Landlord-Tenant Act – WV Code Chapter 37, Article 6
2. West Virginia Magistrate Court – Official Forms and Complaint Process
3. WV DHHR Renter/Tenant-Landlord Rights – State Resource

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