West Virginia Tenant Rights for Short-Term Vacation Rentals

If you are a renter in West Virginia considering—or already living in—a short-term vacation rental, it’s important to understand your rights. With the popularity of platforms like Airbnb and VRBO, more renters are encountering unique situations. This article covers how West Virginia law treats short-term rental tenants, what your rights are, and steps you can take if issues arise during your stay.

What is a Short-Term Vacation Rental?

Short-term vacation rentals (STRs) are homes or apartments rented out for periods generally less than 30 days. These rentals can be managed by private landlords or property management companies, and often are found on sites like Airbnb. West Virginia does not have a single law specific to STRs, so your rights will depend on several factors, including how long you are staying and your agreement type.

Which Laws Cover Short-Term Rentals in West Virginia?

In West Virginia, housing arrangements—including STRs—may be governed by the West Virginia Residential Rental Agreements Act¹. However, this act mainly covers traditional residential rentals, not hotels or transient occupancy. For stays under 30 days, you may be considered a "transient guest" rather than a tenant under the law.

• Tenancy Status Matters: If your stay is 30 days or longer and you have a written lease, you may be protected as a tenant under state law.
• For periods less than 30 days, typical landlord-tenant eviction protections may not apply, and your rights could be similar to a hotel guest.
• Always check your written agreement, as it will outline most of your rights and responsibilities in a short-term vacation rental.

West Virginia Official Authority for Rental Disputes

There is no specialized housing tribunal in West Virginia. Rental disputes, including those involving short-term vacation rentals, are handled by the West Virginia Magistrate Courts². These courts address landlord-tenant issues, such as eviction or claims for damages.

Common Issues and Tenant Rights in Short-Term Rentals

Eviction or Early Removal

If a property owner wants to end your short-term stay early, the process will depend on your status:

• Under 30 Days/No Lease: The owner can typically remove you without following formal eviction procedures, similar to a hotel guest.
• 30 Days or More/Lease in Place: You are usually considered a tenant. In this case, the property owner must follow official eviction steps per the West Virginia Code on Actions for Wrongful Occupation³.

If you believe you have been wrongfully locked out or evicted and have a written lease, you can file a complaint with the Magistrate Court.

Rent Increases and Deposits

• Short-term rentals often require the full payment up front, and may require a security deposit.
• If your stay becomes long-term, your landlord must return the security deposit in compliance with West Virginia's Security Deposit Law⁴.

Maintenance and Habitability

• Short-term rentals must still meet local safety and health codes. If your unit is unsafe, notify the owner immediately and document the issue.
• Major, unresolved safety concerns may be reported to your local health department or Magistrate Court if you’re staying long-term.

Official Forms: Filing a Complaint in Magistrate Court

The Magistrate Court uses official forms for landlord-tenant disputes, such as eviction or wrongful lockout. The main form for filing a civil complaint is:

• Form Name: Civil Complaint (Magistrate Court Form, no unique number)
• When to Use: If you are a renter with a lease who is locked out, evicted, or your landlord refuses to return a deposit at the end of a longer short-term rental, file this form.
• How to Use: Fill out your information and case details, then file with the Magistrate Court in your county.
• West Virginia Magistrate Court Forms

Always request a copy of your filed form for your records.

FAQ: West Virginia Short-Term Rental Rights

1. Are Airbnb guests in West Virginia protected by tenant laws?
   Usually, Airbnb or similar guests staying less than 30 days are considered transient guests, not tenants. For stays longer than 30 days or with a formal lease, standard tenant protections may apply.
2. Can a landlord remove me from a short-term rental without notice?
   If you do not have a lease and your stay is under 30 days, you can often be removed without formal eviction procedures. Otherwise, notice may be required if you're considered a tenant.
3. What can I do if my short-term rental is unsafe or uninhabitable?
   Report the issue to the landlord immediately. If unresolved and your stay is longer-term, consider contacting your county Magistrate Court or local health department.
4. Do I get my security deposit back at the end of a short-term rental?
   If your stay transitions into a longer-term rental, the landlord must handle your security deposit according to state law. Short stays may have different rules set by the agreement.
5. Where can I file a complaint about my short-term rental experience?
   For long-term or lease disputes, file a complaint in the West Virginia Magistrate Court. Short stays may only offer remedies in small claims or through platform mediation.

Conclusion: Key Takeaways

• In West Virginia, your rights in a short-term vacation rental depend primarily on the length of your stay and whether you have a lease.
• Short stays (generally under 30 days) are not always protected by tenant laws. Know your agreement and keep records.
• If you have a dispute over eviction or deposit return, the West Virginia Magistrate Court is the official venue for complaints involving longer-term rentals.

Understanding your legal rights can help prevent surprises and ensure a safe, fair stay.

Need Help? Resources for Renters

• West Virginia Magistrate Courts – File rental disputes, including wrongful eviction or deposit return.
• West Virginia Residential Rental Agreements Act – Read the legislation that may apply to rentals of 30 days or longer.
• Find Your Local Health Department – For unsafe or unhealthy rental conditions.
• Legal Aid of West Virginia – Free legal support for eligible renters.

---

1. West Virginia Residential Rental Agreements Act (§37-6-1 et seq.)
2. West Virginia Judiciary – Magistrate Court
3. WV Code Chapter 55, Article 3A – Wrongful Occupation of Residential Rental Property
4. WV Code Chapter 37, Article 6A – Security Deposits

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations