West Virginia Rental Rights
West Virginia rental rights are slightly different from Virginia rental rights and it is important that residents of WV are well versed with at least the most important West Virginia rental rights in place today. The article below will provide an easy to read, quick summary of the most important West Virginia rental rights that should be known by tenants residing in the state of West Virginia.
Right to decent housing – West Virginia rental rights – West Virginia rental rights will allow a tenant to expect a property that is clean and safe. It must have also recently passed an inspection. These conditions are collectively known as a “decent” condition. If an apartment or rental property does not meet any of these conditions, West Virginia rental rights will allow a tenant or potential tenant to demand that the property be fixed immediately.
Eviction procedures – West Virginia rental rights – West Virginia rental rights require that the landlord provide an adequate notice period for termination of lease or eviction procedures. However, West Virginia rental rights guidelines will not require the landlord to provide notice of eviction for nonpayment of rent or other violations of the lease. All eviction procedures must be carried out through the courts and West Virginia rental rights will protect tenants against acts of landlord retaliation such as lock outs or power and heat shut offs. Generally, a 30 day notice is required as per West Virginia rental rights guidelines before a formal eviction process is begun in court. The 30 day period will allow the tenant to pay owed rent or correct their situation with the landlord who has the liberty to stop the eviction process by not taking their case forward in court.
Rights to privacy – West Virginia rental rights – West Virginia rental rights will allow a tenant to enjoy what is called “quiet enjoyment” Quiet enjoyment will mean that the landlord cannot trespass on the rental property without any proper reason or notice although they will be allowed to enter an apartment to conduct repairs or inspections, provided they have given due notice and seek consent from the tenant. West Virginia rental rights in regards to privacy will not apply during emergency situations such fires, police investigations, floods, electrical short circuits etc and a landlord is free to enter a property at will.
Repairs – West Virginia rental rights – West Virginia rental law will not allow a tenant to withhold rent until certain repairs are carried out. In fact, landlords are not obligated to carry out repairs if the tenant refuses to pay rent. Tenants are advised to pay their rent and take up repair issues separately if they want to protect their rights.
Security deposits – West Virginia rental rights – West Virginia rental rights will allow a tenant to expect the landlord to keep the security deposit in an account that was solely created to hold the security deposit. There is no cap on the amount of security deposit that can be sought although it will have to be relative to the rent amount and circumstances of the lease. It will also have to be returned to the tenant after any deductions that may be made to cover repair expenses caused by the tenant’s stay at the rental property.