What do West Virginia landlord tenant laws say about repairs, heat and deposits?

West Virginia landlord tenant days, hours and the heat season, with sources

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What repairs is a landlord responsible for in West Virginia?

Section 37-6-30(a)(4) puts the repair duty on the landlord, unless the repairs were necessitated primarily by a lack of reasonable care by the tenant: “Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent;” (West Virginia Code § 37-6-30), read 2026-10-29.

Item 1 of 37-6-30(a) sets the landlord's duty at the start: “At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition” (West Virginia Code § 37-6-30).

Item 5 of 37-6-30(a) has the landlord maintain in good and safe working order the facilities and appliances supplied or required to be supplied by the landlord: “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air- conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him by written or oral agreement or by law;” (West Virginia Code § 37-6-30).

Item 2 of 37-6-30(a) ties the landlord to the codes, unless the failure is the fault of the tenant: “Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent;” (West Virginia Code § 37-6-30).

In multiple housing units, item 3 of 37-6-30(a) adds the common areas: “In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants;” (West Virginia Code § 37-6-30).

Under 37-6-30(c), none of the provisions of 37-6-30 shall be deemed to require the landlord to make repairs when the tenant is in arrears in payment of rent; that reaches the duty to make all repairs necessary for a fit and habitable condition, which already excepts repairs necessitated primarily by a lack of reasonable care by the tenant.

When a West Virginia rental needs a repair to stay fit and habitable, such as a leaking pipe or a broken appliance, you can post the job on InstaBids and compare written bids.

How long does a landlord have to make repairs in West Virginia?

The text of 37-6-30 read on 2026-10-29 names no day count for repairs; its one dated duty is the heat season of 37-6-30(a)(7), for dwelling units supplied by direct public utility connections: “With respect to dwelling units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and reasonable heat between October 1, and the last day of April, except where the dwelling unit is so constructed that running water, heat or hot water is generated by an installation within the exclusive control of the tenant.” (West Virginia Code § 37-6-30)

The repair duty in 37-6-30(a)(4) is to make all repairs necessary to keep the premises in a fit and habitable condition, unless the repairs were necessitated primarily by a lack of reasonable care by the tenant, and 37-6-30(c) says the landlord is not required to make repairs when the tenant is in arrears in payment of rent.

For a dwelling unit supplied by direct public utility connections, 37-6-30(a)(7) excepts the case where running water, heat or hot water is generated by an installation within the exclusive control of the tenant.

If the heat or hot water goes out at a West Virginia rental, a property manager can post that repair on InstaBids and get written bids on the same scope.

How much notice does a landlord have to give before entering in West Virginia?

Articles 6 and 6A of chapter 37, read on 2026-10-29, set no notice for entering an occupied unit; the entry rule they hold is for a tenant in arrears who abandons the leased property, in 37-6-6(a): “If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month.” (West Virginia Code § 37-6-6)

The next sentence of 37-6-6(a) says when the landlord may enter after that posted notice to a tenant who abandons the property: “If the rent is not paid within that time, the landlord shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end.” (West Virginia Code § 37-6-6) So the landlord may enter only if the rent is not paid within the one month the posted notice gives.

For a housing development operated by a housing authority, 37-6-6(b) sets a parallel posted notice when rent is not a condition of the lease agreement and the tenant abandons the leased property.

When an abandoned West Virginia unit needs a clean-out and turnover repairs, you can post that job on InstaBids and compare written bids side by side.

How long does a landlord have to return a security deposit in West Virginia?

Section 37-6A-2(a) ties the deposit held by the landlord to the notice period: “Upon termination of the tenancy and within the applicable notice period, any security deposit held by the landlord, minus any deductions for damages or other charges, shall be delivered to the tenant, together with a written itemization of any such damages or other charges as provided in subsection (c).” (West Virginia Code § 37-6A-2), read 2026-10-29.

Section 37-6A-1(7) defines that notice period: “"Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.” (West Virginia Code § 37-6A-1) So it ends within 60 days of the termination of the tenancy, or within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.

When damages to the premises exceed the deposit and require a third party contractor, 37-6A-2(c) gives the landlord a written notice step and a fifteen day period: “In the event that damages to the premises exceed the amount of the security deposit and require the services of a third party contractor, the landlord shall give written notice to the tenant, advising him or her of that fact, within the applicable notice period. If notice is given as prescribed in this subsection, the landlord shall have an additional fifteen day period to provide an itemization of the damages and the cost of repair.” (West Virginia Code § 37-6A-2)

For move-out cleaning and repairs before a West Virginia deposit is returned, a landlord can post the job on InstaBids with photos and get written bids.

What can a West Virginia landlord deduct from a security deposit?

Section 37-6A-2(b) says the landlord may apply the deposit only to the five items it lists: “Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to:” (West Virginia Code § 37-6A-2) read 2026-10-29.

Item 2 of the list the deposit may be applied only to covers damages, less reasonable wear and tear (37-6A-2(b)(2)): “The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear;” (West Virginia Code § 37-6A-2)

Item 5 of that list, which the deposit may be applied only to, names a third party contractor, as provided in the rental agreement (37-6A-2(b)(5)): “To other damages or charges as provided in the rental agreement, including but not limited to, paying for the services of a third party contractor to repair damages to the property caused by the tenant.” (West Virginia Code § 37-6A-2)

When move-out damage beyond normal wear and tear needs a third party contractor, a landlord can post that repair on InstaBids and get bids in writing.

What deposit records must a West Virginia landlord keep?

Section 37-6A-3(1) sets the landlord's record keeping: “Maintain and itemize records for each tenant of all deductions from security deposits provided under this article which the landlord has made by reason of a tenant's noncompliance with the rental agreement for one year after the termination of the tenancy; and” (West Virginia Code § 37-6A-3) read 2026-10-29.

Section 37-6A-3(2) gives the landlord seventy-two hours from a written request to permit an inspection of the records of deductions or, at the landlord's option, provide a copy: “Either permit a tenant or his or her authorized agent or attorney to inspect the tenant's records of deductions at any time during normal business hours within seventy-two hours of a written request, or at the landlord's option, provide a tenant or his or her authorized agent or attorney a copy of the tenant's record of deductions during normal business hours within seventy-two hours of a written request.” (West Virginia Code § 37-6A-3)

To have a written bid on file for each move-out repair in your deduction records, you can post the job on InstaBids and keep the bids contractors send.

Who does West Virginia landlord tenant law cover?

For security deposits, article 6A states its own reach in 37-6A-6(a): “The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes.” (West Virginia Code § 37-6A-6), read 2026-10-29. Under 37-6A-6(b), article 6A does not apply to agreements for the payment of security deposits entered into prior to the effective date of this article.

For article 6, which holds the landlord's repair duty, 37-6-31(b) reads: “Occupancy by a squatter is not governed by the provisions of this article.” (West Virginia Code § 37-6-31) Section 37-6-31(a) defines a squatter as a person occupying a dwelling unit who is not so entitled under a rental agreement or who is not authorized by the tenant to occupy that dwelling unit.

When a squatter leaves a West Virginia dwelling unit in need of cleanup and repairs, a property manager can post that job on InstaBids for written bids.

West Virginia chapter 37 rules a property manager works to

What to put in a written repair scope for a West Virginia rental

• The repair in plain words, with photos, tied to the 37-6-30(a) item the landlord shall meet: to make all repairs necessary to keep the premises in a fit and habitable condition, unless the repairs were necessitated primarily by a lack of reasonable care by the tenant (37-6-30(a)(4)), or to maintain in good and safe working order the facilities and appliances supplied or required to be supplied by the landlord (37-6-30(a)(5)).
• For a heat or hot water job in a dwelling unit supplied by direct public utility connections: the dates, since 37-6-30(a)(7) names reasonable heat between October 1, and the last day of April.
• For move-out repairs: the termination date of the tenancy and the date a subsequent tenant occupies the premise, since the notice period ends within 60 days of the termination of the tenancy or within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter (37-6A-1(7)).
• If damages exceed the deposit and require a third party contractor: the date the landlord gave written notice within the applicable notice period, which opens the additional fifteen day period to itemize the damages and the cost of repair (37-6A-2(c)).
• The deduction record: under 37-6A-3(1) the landlord shall maintain and itemize records for each tenant of all deductions from security deposits for one year after the termination of the tenancy.

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Calling West Virginia contractors one by one, or one written scope?

Calling contractors one by one gets as many ideas of the repair as calls. With one written scope that names the 37-6-30(a) item the landlord shall meet, such as making all repairs necessary to keep the premises in a fit and habitable condition unless the repairs were necessitated primarily by a lack of reasonable care by the tenant (37-6-30(a)(4)), you describe it once, contractors bid in writing on that scope, and you choose who gets your number.

Property managers can post a rental job on InstaBids today.

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Sources

• West Virginia Code § 37-6-6, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6-30, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6A-6, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6A-2, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6A-1, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6A-3, read 2026-10-29: code.wvlegislature.gov
• West Virginia Code § 37-6-31, read 2026-10-29: code.wvlegislature.gov