West Virginia landlord-tenant law FAQ
54 answers to common West Virginia landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in West Virginia?
West Virginia has no statute capping security deposits. Article 6A regulates how deposits are returned and what may be deducted, but sets no maximum amount.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6A-2 · last checked 2026-10-23 · Full security deposit limit page
How long does a landlord have to return a security deposit in West Virginia?
Within the notice period: 60 days after the tenancy ends, or 45 days after a new tenant moves in, whichever is shorter.
Verified Source: W. Va. Code §§ 37-6A-1(7), 37-6A-2(a) · last checked 2026-10-23 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in West Virginia?
West Virginia has no statute setting a notice period before a landlord enters (W. Va. Code ch. 37, arts. 6 and 6A searched). The Attorney General's renters' guide says a landlord should enter only with the tenant's consent or reasonable advance notice, except for emergency repairs; check the lease.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-30 · last checked 2026-10-23 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in West Virginia?
No state statute setting a notice period for rent increases was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. The lease terms control.
Verified Source: W. Va. Code ch. 37, art. 6 (Landlord and Tenant); see § 37-6-30 · last checked 2026-10-23 · Full rent increase notice page
Can a landlord charge a late fee in West Virginia, and how much?
Landlords may charge reasonable late fees set out in the rental agreement and take them from the security deposit at move-out. W. Va. Code ch. 37, arts. 6 and 6A set no dollar or percentage cap. Statute text: "(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (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; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property." (W. Va. Code § 37-6A-2(b)(1)).
Verified Source: W. Va. Code § 37-6A-2(b)(1) · last checked 2026-10-23 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in West Virginia?
The statute sets no pre-filing notice period: a landlord may petition the magistrate or circuit court when the tenant is in arrears, and the hearing is set 5–10 judicial days after filing.
Verified Source: W. Va. Code § 55-3A-1 · last checked 2026-10-23 · Full eviction notice (nonpayment) page
Can cities in West Virginia pass rent control?
No state statute preempting or banning local rent control was found in West Virginia law. Scope: W. Va. Code chapter 37, article 6 (§§ 37-6-1 to 37-6-31) and article 6A were searched. W. Va. Code §§ 7-1-17 and 8-11-6, proposed in 2025 bills (SB 168, HB 3435), do not exist in the official code because the bills were not enacted. Municipal powers in chapter 8 were not otherwise searched.
Verified Source: W. Va. Code chapter 37, articles 6 and 6A (incl. § 37-6-9) · last checked 2026-10-23 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in West Virginia?
Either party may end a periodic tenancy shorter than a year (e.g. month-to-month) with written notice of one full period before the end of a period; year-to-year needs 3 months' written notice. A lease can set a different notice period.
Verified Source: W. Va. Code § 37-6-5 · last checked 2026-10-23 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in West Virginia?
No state statute requiring landlords to pay interest on security deposits was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. Article 6A sets return and itemization rules.
Verified Source: W. Va. Code § 37-6A-1 et seq. · last checked 2026-10-23 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in West Virginia?
No state statute requiring a move-in inspection or checklist was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A.
Verified Source: W. Va. Code ch. 37-6; art. 37-6A; see § 37-6-30 · last checked 2026-10-23 · Full move-in/move-out checklist page
Is landlord retaliation illegal in West Virginia?
West Virginia has no statute expressly barring retaliatory eviction (W. Va. Code ch. 37, arts. 6 and 6A and ch. 55, art. 3A searched). The Attorney General's renters' guide says a landlord may not evict a tenant in retaliation for complaints about unfit housing conditions.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-30 · last checked 2026-10-23 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in West Virginia?
West Virginia has no statute that expressly bans lockouts or utility shutoffs (W. Va. Code ch. 37, arts. 6 and 6A and ch. 55, art. 3A searched); removal of a tenant goes through a court petition under § 55-3A-1. The Attorney General's renters' guide says self-help evictions such as lockouts, utility shutoffs or seizing property are unlawful.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 55-3A-1 · last checked 2026-10-23 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in West Virginia?
W. Va. Code § 37-6-30 requires the landlord to deliver and keep the unit fit and habitable, make necessary repairs, and keep common areas and facilities in good order, unless the tenant caused the problem. The chapter sets no statutory repair-and-deduct or rent-withholding procedure.
Verified Source: W. Va. Code § 37-6-30 · last checked 2026-10-23 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in West Virginia?
No state statute requiring lease disclosures was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. Federal lead-paint disclosure still applies to pre-1978 housing.
Verified Source: W. Va. Code ch. 37-6; art. 37-6A; see § 37-6-30 · last checked 2026-10-23 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in West Virginia?
If a tenant behind on rent abandons the unit, the landlord posts a notice demanding rent within one month, then may retake possession. To dispose of belongings the landlord must post and mail written notice giving at least 30 days to remove them (60 days for tenants on active military duty). Property worth over $300 must be stored up to 30 more days if the tenant asks and pays storage costs.
Verified Source: W. Va. Code § 37-6-6 · last checked 2026-10-23 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in West Virginia?
West Virginia's landlord-tenant chapter (37-6) contains no military or domestic-violence early-termination right. Federal SCRA rights still apply.
Verified Source: W. Va. Code ch. 37-6; see § 37-6-30 · last checked 2026-10-23 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in West Virginia?
West Virginia's landlord-tenant chapter (37-6) sets no late-fee grace period or cap.
Verified Source: W. Va. Code ch. 37-6; see § 37-6-30 · last checked 2026-10-23 · Full late fee grace period page
How does the eviction court process work in West Virginia?
The court schedules a hearing 5 to 10 judicial days after the petition is filed, and the tenant may file a written defense within 5 days of receiving notice.
Verified Source: W. Va. Code § 55-3A-1 · last checked 2026-10-23 · Full eviction court process & timeline page
What happens to the lease when a tenant dies in West Virginia?
When a residential tenant dies, an heir, personal representative, devisee or assignee may end the lease early by written notice. Termination takes effect on the last day of the calendar month that is two months after the notice is hand-delivered or mailed. The estate still owes rent through that notice period.
Verified Source: W. Va. Code § 37-6-11(b) · last checked 2026-10-23 · Full death of a tenant page
Does a landlord have to give notice before not renewing a lease in West Virginia?
West Virginia has no statute requiring notice to end a lease whose term ends on a set date; it simply expires. Year-to-year tenancies need written notice at least three months before the end of the year, and shorter periodic tenancies need one full period's notice, unless the lease sets a different notice rule (W. Va. Code § 37-6-5).
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-5 · last checked 2026-10-23 · Full lease renewal / non-renewal notice page
What is the military lease termination (federal scra, all states) rule in West Virginia?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-23 · Full military lease termination (federal scra, all states) page
What is the warranty of habitability in West Virginia?
For residential property, the landlord must deliver the unit fit and habitable and keep it that way, meet health, safety, fire and housing codes, make the repairs needed to keep it habitable (unless the tenant's lack of care caused them), keep common areas clean and safe, and maintain supplied electrical, plumbing, heating and other facilities.
Verified Source: W. Va. Code § 37-6-30(a) · last checked 2026-10-23 · Full habitability / warranty of habitability page
What is the eviction notices for other grounds (lease violation, no-fault) rule in West Virginia?
A landlord may petition magistrate or circuit court for summary possession when the tenant breaches a warranty or lease covenant or damages the property, as well as for unpaid rent. The statute sets no separate pre-filing cure notice; the hearing is held 5 to 10 judicial days after filing.
Verified Source: W. Va. Code § 55-3A-1(a), (b) · last checked 2026-10-23 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the manufactured / mobile home parks rule in West Virginia?
Renting a factory-built (manufactured) home site requires a dated, signed written agreement before the tenancy begins. Statute text: "The rental and occupancy of a factory-built home site shall be governed by a written agreement which shall be dated and signed by all parties thereto prior to commencement of tenancy" (W. Va. Code § 37-15-3(a)).
Verified Source: W. Va. Code § 37-15-3(a) · last checked 2026-10-23 · Full manufactured / mobile home parks page
What is the rental / transient occupancy tax rule in West Virginia?
West Virginia counties and municipalities may impose a hotel occupancy tax. Statute text: "On and after July 1, 1985, any county or municipality may impose and collect a privilege tax upon the occupancy of hotel rooms located within its taxing jurisdiction" (W. Va. Code § 7-18-1(a)).
Verified Source: W. Va. Code § 7-18-1(a) · last checked 2026-10-23 · Full rental / transient occupancy tax page
What is the tenant buyout disclosures rule in West Virginia?
West Virginia has no statute on tenant buyout agreements or buyout disclosures (W. Va. Code ch. 37, arts. 6 and 6A searched). Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-30 · last checked 2026-10-23 · Full tenant buyout disclosures page
What is the guest & occupancy limits rule in West Virginia?
West Virginia has no statute on guest stays or occupancy limits (W. Va. Code ch. 37, arts. 6 and 6A searched). Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-30 · last checked 2026-10-23 · Full guest & occupancy limits page
What is the rent receipts, payment methods & cash rule in West Virginia?
West Virginia has no statute on how rent may be paid (cash, check or electronic payment) (W. Va. Code ch. 37, arts. 6 and 6A searched). Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6-9 · last checked 2026-10-23 · Full rent receipts, payment methods & cash page
What is the deposit bank holding / separate account rule in West Virginia?
West Virginia has no statute requiring a separate, escrow or interest-bearing account for security deposits (W. Va. Code ch. 37, art. 6A searched). Local ordinances or other state or federal laws may still apply.
Verified Source: W. Va. Code ch. 37, arts. 6 and 6A; see § 37-6A-2 · last checked 2026-10-23 · Full deposit bank holding / separate account page
Does a landlord have to provide smoke and carbon monoxide detectors in West Virginia?
Owners of one- and two-family dwellings (including manufactured homes) must provide, install and replace smoke detectors near each sleeping area; in rented dwellings the tenant does routine maintenance. The same section also requires carbon monoxide detectors in rented one- and two-family dwellings with fuel-burning appliances. Statute text: "The owner of each dwelling described in subsection (a) of this section shall provide, install, and replace the operational smoke detectors required by this section" (W. Va. Code § 15A-10-12(b)).
Verified Source: W. Va. Code § 15A-10-12(b) · last checked 2026-10-23 · Full smoke & co detectors page
What is the property manager licensing rule in West Virginia?
In West Virginia, renting, managing or leasing real estate for compensation is broker activity (§ 30-40-4), which requires a real estate license. Statute text: "It is unlawful for any person to engage in directly or indirectly, or to advertise or hold himself or herself out as engaging in or carrying on the business or act in the capacity of a real estate broker, associate broker, or salesperson within this state without first obtaining a license as provided for in this article" (W. Va. Code §§ 30-40-3, 30-40-4).
Verified Source: W. Va. Code §§ 30-40-3, 30-40-4 · last checked 2026-10-23 · Full property manager licensing page
What is the right to cure / redeem rule in West Virginia?
A tenant sued for possession over unpaid rent can stop the case by paying all rent owed, with interest and costs, any time before trial. Statute text: "If any party having a right or claim to such lands shall, at any time before the trial in such action of ejectment or of unlawful detainer, pay or tender to the party entitled to such rent, or to his attorney in the cause, or pay into court, all the rents and arrears, with interest and costs, all further proceedings in the action shall cease." (W. Va. Code § 37-6-23).
Verified Source: W. Va. Code § 37-6-23 · last checked 2026-10-23 · Full right to cure / redeem page
How much can a landlord charge for a rental application fee in West Virginia?
No state statute limiting rental application fees or setting screening rules was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 37-6-30 · last checked 2026-10-23 · Full application fees & screening page
Can a tenant sublet an apartment in West Virginia?
No state statute governing tenant subletting or assignment was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. The lease terms control.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 37-6-30 · last checked 2026-10-23 · Full subletting & assignment page
Can a tenant fix something and deduct it from rent in West Virginia?
No state statute creating a repair-and-deduct remedy was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. Landlords must still keep premises fit and habitable under § 37-6-30.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 37-6-30 · last checked 2026-10-23 · Full repair and deduct page
Can a tenant withhold rent for repairs in West Virginia?
No state statute creating a rent withholding or rent escrow procedure was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 37-6-30 · last checked 2026-10-23 · Full rent withholding / escrow page
Does a landlord need just cause to evict in West Virginia?
No state statute requiring just cause for eviction was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. Periodic tenancies end on proper notice.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 55-3A-1 · last checked 2026-10-23 · Full just-cause eviction page
Can a landlord deny a tenant for criminal or credit history in West Virginia?
No state statute limiting screening of applicants' criminal or credit history was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A. Federal fair housing law still applies.
Verified Source: W. Va. Code ch. 37, art. 6 and § 55-3A; see § 37-6-30 · last checked 2026-10-23 · Full criminal & credit history rules page
What federal protections does a tenant have after foreclosure in West Virginia?
Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).
Verified Source: Protecting Tenants at Foreclosure Act of 2009, Pub. L. 111-22, div. A, title VII, SEC. 702 (12 U.S.C. 5220 note), as amended by Pub. L. 111-203, SEC. 1484, and restored by Pub. L. 115-174, SEC. 304 (federal law, all states) · last checked 2026-10-23 · Full tenant rights after foreclosure (federal ptfa, all states) page
How much does it cost to file an eviction in West Virginia?
A West Virginia landlord can file a petition to remove a tenant in magistrate court or circuit court. In magistrate court the filing fee is $30 when the action seeks relief other than money damages (possession only); if money damages are claimed, the fee runs from $30 (up to $500) to $50 (over $2,000), collected in advance. Statute text: "Where the action seeks relief other than money damage $30.00" (W. Va. Code §§ 50-3-1(a), 55-3A-1(a)).
Verified Source: W. Va. Code §§ 50-3-1(a), 55-3A-1(a) · last checked 2026-10-23 · Full eviction filing fees page
What disclosures must a landlord give in West Virginia?
No state statute requiring owner or manager identity disclosures was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page
Does West Virginia have rent control?
No state statute limiting rent amounts was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full rent control / stabilization page
What is the scra / military lease termination rule in West Virginia?
No state statute giving servicemembers a state right to end a lease was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full scra / military lease termination page
What is the tenant relocation assistance rule in West Virginia?
No state statute requiring relocation assistance was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full tenant relocation assistance page
What is the eviction record sealing rule in West Virginia?
No state statute sealing eviction records was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 55-3A-1 · last checked 2026-10-23 · Full eviction record sealing page
Do landlords need a rental license or registration in West Virginia?
No state statute requiring rental registration was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full rental licensing / registration page
Can the city inspect my rental property in West Virginia?
No state statute requiring rental inspections was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full rental inspections page
What is the pet deposits/fees & service/esa animals rule in West Virginia?
A pet fee is not a security deposit if the parties expressly agree in writing that it is nonrefundable (W. Va. Code § 37-6A-1(14)).
Verified Source: W. Va. Code § 37-6A-1(14) · last checked 2026-10-23 · Full pet deposits/fees & service/esa animals page
What is the condo conversion protections rule in West Virginia?
No state statute regulating condominium conversions of rental units was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full condo conversion protections page
What is the domestic violence early termination rule in West Virginia?
No state statute letting domestic violence survivors end a lease early was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction).
Verified Source: W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits) and ch. 55 art. 3A (summary eviction); see § 37-6-30 · last checked 2026-10-23 · Full domestic violence early termination page
Can a landlord refuse Section 8 or other source of income in West Virginia?
No state statute barring source-of-income discrimination was found in W. Va. Code ch. 37 art. 6 and 6A (landlord and tenant; deposits), ch. 55 art. 3A (summary eviction), and ch. 16B art. 18 (Fair Housing Act). Section 16B-18-5(a) lists the protected classes for rentals, and source of income is not among them.
Verified Source: W. Va. Code § 16B-18-5; ch. 37 arts. 6, 6A; ch. 55 art. 3A · last checked 2026-10-23 · Full source of income discrimination page
What rights does a tenant have after foreclosure in West Virginia?
After a trustee's foreclosure sale, a tenant under an unexpired lease can be ended with 90 days' written notice or notice at least 30 days before the lease ends, whichever is shorter. A month-to-month tenancy can be ended with 30 days' written notice. The lease stays enforceable during the notice period.
Verified Source: W. Va. Code § 38-1-16 · last checked 2026-10-23 · Full foreclosure tenant protections page
What are the Airbnb / short-term rental rules in West Virginia?
West Virginia law expressly lets municipalities regulate short-term rentals (W. Va. Code § 8-42-3(a)), defined as a home or unit offered for a fee for 30 days or less (§ 8-42-1(e)). No statewide licensing law was found in articles 8-42 and 7-18. Local hotel occupancy taxes under W. Va. Code § 7-18 can apply, with marketplace facilitators collecting. Check your city's rules.
Verified Source: W. Va. Code §§ 8-42-3(a), 8-42-1(e); § 7-18-4 · last checked 2026-10-23 · Full short-term rentals (airbnb) page
What happens if a tenant stays after the lease ends in West Virginia?
A tenant who holds over in a periodic tenancy is still a tenant, not a squatter, so the landlord must use the eviction process to remove them (W. Va. Code § 37-6-31(a)). A periodic tenancy continues until ended by proper notice: three months before the end of the year for year-to-year tenancies, or one full rental period for shorter periods, unless the lease sets a different period (§ 37-6-5). No statute sets a double-rent or other holdover penalty in these sections.
Verified Source: W. Va. Code §§ 37-6-5, 37-6-31(a) · last checked 2026-10-23 · Full holdover tenants page
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