West Virginia Rules on Electricity Shutoff for Non-Payment

If you’re renting in West Virginia and worried about your landlord shutting off the electricity due to unpaid rent or utility bills, it’s important to know your rights. This guide explains the limits of what landlords can (and cannot) do, links you to official West Virginia forms, and tells you where to get help if your essential utilities are threatened.

Understanding Utility Shutoffs in West Virginia Rentals

Electricity, heat, water, and other essential utilities are crucial for safe and livable housing. In West Virginia, both state law and public utility rules protect renters when it comes to electricity shutoffs.

In almost all situations, a landlord cannot legally shut off your electricity as a way of forcing you to pay rent or vacate the property. This is known as a "constructive eviction," and it is prohibited under West Virginia law^[1].

Who Pays for Electricity: Landlord or Tenant?

Your lease should state who is responsible for paying the electric bill. If the landlord is named on the utility account and agrees to pay, they must keep services connected. If the tenant is responsible and doesn’t pay, the utility company—not the landlord—can disconnect service following established procedures and notices.

When (and If) Landlords Can Turn Off Power

• Landlords cannot shut off power to force payment or eviction
• Only the utility company may disconnect electricity, and only after proper notice to the account holder
• Even in eviction situations, the landlord is not allowed to disconnect essential utilities

Landlords who illegally shut off electricity may face penalties, and tenants may have the right to sue for damages. Utility disconnection for non-payment must go through proper channels with the utility provider, not the landlord.

What If the Landlord Pays the Utility?

If the landlord is responsible for the electricity account and fails to pay, leading to a shutoff, tenants should immediately notify West Virginia Public Service Commission (PSC). Failure to provide basic utilities may violate the landlord’s obligations to maintain a habitable dwelling under West Virginia Code §37-6-30 and §37-6-32^[2].

Filing a Complaint or Seeking Action

Renters can file formal complaints if their landlord improperly disconnects electricity. The main bodies you can contact are:

• West Virginia Public Service Commission – Consumer Affairs: Handles utility disconnection complaints
• West Virginia Magistrate Court: Handles civil claims, including tenant/landlord disputes and illegal lockout or shutoff

Relevant Official Forms

• Magistrate Court Civil Complaint Form – Use if you need to sue your landlord for illegally shutting off electricity. Example: Your landlord disconnects power after a rent dispute. Complete this form to file a civil action in Magistrate Court.
• Public Service Commission Consumer Complaint Form – Used if you believe your landlord (as the utility account holder) has caused an improper shutoff. File this form online or by mail with the PSC to request an investigation.

How to Act if Your Electricity Is Shut Off

Quickly contact the responsible utility company to find out the reason. If it’s a landlord-tenant issue, talk to your landlord. If unresolved, use the forms above to seek help from the tribunal or PSC. Consider local legal aid for emergency assistance.

State Law and Renters’ Rights

Your protection comes from the West Virginia Residential Renters Act. West Virginia Code §§ 37-6-30 and 37-6-32 guarantee the right to a habitable apartment, which includes working electrical service in most circumstances^[2]. Utility service can never be disconnected as a substitute for a legal eviction.

Summary

West Virginia renters are well-protected against illegal utility shutoffs. Know your rights and the proper steps if you face a loss of essential services.

FAQs: West Virginia Utility Disconnection and Tenant Rights

1. Can my landlord legally shut off my electricity if I don’t pay rent?
   No. Only the utility company, after proper notice, can disconnect service. Landlords cannot shut off essential utilities to force payment or eviction.
2. Who do I contact if my landlord turns off my power?
   Contact the West Virginia Public Service Commission for utility issues, and consider filing a complaint in Magistrate Court if your rights are violated.
3. What if the utility company says I owe them money?
   If the utility is in your name, only the company can shut it off for non-payment, following their official process. If the account is in your landlord’s name, they must notify you of any possible shutoff.
4. Is it legal for a landlord to shut off utilities if I’m being evicted?
   No. Power can only be disconnected by the utility for non-payment, never by the landlord—even if you’re involved in eviction proceedings.
5. How do I file a formal complaint if my utilities are illegally shut off?
   You can submit a complaint to the PSC or file a civil complaint in Magistrate Court. Links to the correct forms are in the section above.

Key Takeaways for Renters

• Landlords cannot shut off electricity as a way of collecting rent or evicting tenants.
• If your utilities are threatened or shut off, contact the West Virginia Public Service Commission or file a complaint in Magistrate Court.
• Know your right to a habitable apartment under West Virginia law—and seek help if it’s violated.

Need Help? Resources for Renters

• Public Service Commission Consumer Information – File complaints or ask questions about utility shutoffs.
• Magistrate Court Forms Portal – For filing claims regarding illegal utility shutoff or landlord disputes.
• Legal Aid of West Virginia – Free or low-cost legal support for tenant rights.
• West Virginia Residential Landlord and Tenant Legislation

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1. "Constructive eviction" rules and rent withholding: West Virginia Code §37-6-32
2. Minimum habitability requirements: West Virginia Code §37-6-30
3. Public Service Commission complaint process: PSC Utility Complaints

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