Renter's Rights in West Virginia
You have legal rights as a renter in West Virginia provided by the laws of the state. You can enforce your renter's rights by taking your landlord to court for violations, and she may be liable to you for damages as a result. A landlord must use formal legal proceedings to evict you, or remove you from the rental unit, and cannot attempt to force you to leave your home.
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Decent Housing
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You have the right to live in rental housing that is maintained and in acceptable condition in West Virginia. Your landlord must make necessary repairs and keep your unit habitable, and she cannot refuse to make repairs in an attempt to force you to leave or tell you to pay repair costs, even if a repair clause is in the lease you signed; such a clause is not legal or enforceable in West Virginia. You cannot be evicted because you reported housing code violations or made any formal complaint to a government agency about your home's condition. You can file a civil lawsuit against your landlord if your right to livable housing is violated, and the landlord is liable to you for damages you suffered as a result.
Proper Eviction Procedures
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Your landlord must notify you before starting formal eviction procedures unless the eviction is for back rent or lease violations, per the West Virginia Attorney General's Office. How soon before eviction you must receive the notice depends on your lease agreement. The landlord has to send a notice even if you do not have a lease, but you must be given at least one full rental period to move in the eviction notice. Your landlord cannot shut off utilities, change locks or do anything to force you out of the rental.
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Court Venue Change
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You have the right to petition the court to move eviction proceedings from the magistrate court, the lowest court, to the circuit court in West Virginia. Magistrate court cannot issue you damages for more than $5,000, but the circuit court does not have a limit. You can file a counterclaim during the eviction proceedings for damages if your tenant rights have been violated and request your case be decided by a jury instead of the judge. You can stop an eviction proceeding for back due rent by paying the amount due and the landlord's court expenses.
Privacy
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You have the right to privacy in your rental unit under West Virginia laws. Your landlord cannot enter your home without your consent or notification to you in advance unless an emergency situation applies. You cannot be harassed, intimidated or threatened by your landlord. You can sue your landlord for invasion of privacy or trespassing if she violates your right to privacy or quiet enjoyment of your rental unit.
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