West Virginia Tenant Rights: Domestic Violence Protections

If you're renting in West Virginia and facing domestic violence, state law gives you important protections. These rules are designed to support your safety, including relocating, changing locks, or defending against unfair eviction. This guide explains your renter rights, steps you can take, and where to find help, all in plain language.

Understanding Domestic Violence Protections for Renters in West Virginia

West Virginia law recognizes that tenants experiencing domestic violence often need immediate safety and flexibility. As a renter, knowing your rights gives you better control in urgent situations. The main state law concerning landlord-tenant relationships is the West Virginia Landlord-Tenant Act (WV Code §37-6).

Your Key Rights as a Tenant Experiencing Domestic Violence

• Protection from discrimination and retaliation (like eviction) solely because you are a victim.
• You can seek court orders (protective orders) to prevent an abuser from entering your home.
• You may have the right to change locks for safety, but you must provide a key to your landlord unless a protective order says otherwise.
• If you need to leave your rental early because of domestic violence, you may be able to break your lease with proof of abuse.

To qualify for these protections, you usually must provide your landlord with legal documentation, such as a court-issued protective order.

Requesting Lock Changes for Safety

West Virginia law allows victims of domestic violence to change the locks on their apartment or rental home for their protection. You're generally responsible for the cost. You must also give your landlord a copy of the new key unless a court order prevents this.

How to Request a Lock Change

• Send your landlord written notice (email or letter) stating your need due to domestic violence, along with a copy of your protective order.
• Arrange for a certified locksmith or trusted professional to perform the change.
• Immediately give your landlord a copy of the new key (unless legally excused).

Breaking Your Lease Due to Domestic Violence

If you are experiencing abuse and have a protective order, West Virginia law may allow you, in certain circumstances, to end your lease early and avoid major penalties. You must give your landlord proper notice and proof (such as the protective order) before moving out.

• Provide a written notice to your landlord with your proposed move-out date and a copy of the protective order.
• Check your lease for any specific clauses or requirements about early termination.
• You're still responsible for any unpaid rent or damages incurred up to your move-out date, but cannot be penalized simply for leaving due to violence.

Relevant Official Forms and How to Use Them

• Domestic Violence Protective Order (Form SCA-FC-120)
  Use when: You need a legal court order to keep someone who abused you away from your rented home.
  How: File at your local Magistrate or Family Court. Once granted, supply a copy to your landlord when requesting protections (like lock changes or early lease termination).
  Get the official Protective Order form and instructions here.

Always give your landlord only the court order’s cover page (if you're concerned about safety details) unless your lease requires the full document. Forms and instructions come from the West Virginia Judiciary.

Resolving Disputes and Legal Help in West Virginia

Most landlord-tenant disputes in West Virginia are handled in your local county Magistrate Court. You can bring cases about eviction, discrimination, or housing conditions. For full contact details and information, see the official Landlord-Tenant Self Help page.

FAQ: Domestic Violence Protections for West Virginia Renters

1. Can my landlord evict me because I am a victim of domestic violence?
   No. West Virginia law forbids landlords from evicting you just because you are a domestic violence victim. However, normal lease violations can still apply.
2. How do I request a lock change if I fear for my safety?
   Give your landlord a written request and include a copy of your protective order. You must provide them with a new key unless the court order says otherwise.
3. What official form do I use for a protective order in West Virginia?
   Use Protective Order Form SCA-FC-120, available from the West Virginia Judiciary. File it at your county court.
4. If I leave my apartment early due to domestic violence, do I still owe rent?
   You must pay rent up to your move-out date and for any damages, but you can't be penalized just for leaving due to abuse (with proper notice and documentation).
5. Which court or tribunal helps with housing problems?
   The county Magistrate Court handles landlord-tenant cases in West Virginia.

Conclusion: What Renters Should Remember

• West Virginia protects tenants facing domestic violence—seek help quickly and keep copies of all paperwork.
• You can change your locks or terminate your lease with a court order if needed for safety.
• For any official steps, use government forms and file with local courts or agencies.

Knowing your rights makes it easier to protect yourself and your home. Don't hesitate to reach out to state resources below.

Need Help? Resources for Renters

• West Virginia Landlord-Tenant Self Help: Guidance on tenant rights and court access
• How to Request a Protective Order: Step-by-step and forms
• WV Department of Health & Human Resources: Domestic Violence Support
• Local Legal Aid: Visit Legal Aid of West Virginia for free or low-cost help

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1. West Virginia Landlord-Tenant Act (§37-6)
2. West Virginia Judiciary – Protective Orders
3. West Virginia Magistrate Court – Landlord Tenant Guidance
4. WV DHHR – Domestic Violence Help
5. Legal Aid of West Virginia – Tenant Support

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