Renting a home · Updated Oct 2026 · West Virginia

Landlord won't make repairs in West Virginia: what to do

In most states the landlord must keep the home safe and livable and fix serious problems after you give notice; your state page says what applies. Put every request in writing. Some states let you repair and deduct the cost or hold back rent, but only after strict steps; doing it wrong can lead to eviction.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case.

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Your plan for West Virginia

Do now

  1. If you answered “Yes” to “Is anyone in danger right now (gas smell, sparking wires, no heat in freezing weather, sewage, fire risk)?”

    If you smell gas, leave and call the gas company's emergency line or 911 from outside. For fire, sparking wires or carbon monoxide alarms, call 911.

    Why: Safety comes first.

  2. Take dated photos or video of the problem.

    Why: Proof of the condition and how long it lasted.

  3. If you answered “Only by phone or in person” to “Have you asked for the repair in writing?”

    Send the landlord a written repair request (letter, email or the tenant portal) and keep a copy.

    Why: In nearly every state, the steps to force repairs start with written notice (see your state page).

  4. If you answered “Not yet” to “Have you asked for the repair in writing?”

    Send the landlord a written repair request (letter, email or the tenant portal) and keep a copy.

    Why: In nearly every state, the steps to force repairs start with written notice (see your state page).

  5. Keep paying rent unless your state's rules clearly allow something else and you have followed every step.

    Why: Holding back rent without following your state's process is a common reason tenants get evicted.

  6. If you answered “No” to “Are you up to date on rent?”

    If you are behind on rent, talk to legal aid before using any repair remedy.

    Why: Some states let you use repair-and-deduct or withholding only if you are current on rent, and unpaid rent can lead to eviction.

This week

  1. Check your state's repair rules on tenantrightsmap.com: what the landlord must fix, how long they have, and whether repair-and-deduct or rent withholding is allowed.

    Why: These remedies differ a lot by state.

  2. If nothing happens in a reasonable time, call your city or county code enforcement or health department and ask for an inspection.

    Why: An inspector's report is strong evidence and can lead to an official order to repair.

  3. Send a second written notice that mentions the first one and the date.

    Why: Some states require more than one notice or certified mail.

If it's not resolved

  1. Use only the remedy your state allows, exactly as described (repair and deduct, escrow, rent withholding, ending the lease, or a court case).

    Why: Each remedy has conditions; missing one can make you owe the rent.

  2. You can ask a court for an order to repair, a rent reduction or damages; in some states this is done in justice or small claims court.

    Why: A court order is the strongest tool if the landlord ignores code orders.

  3. If the landlord raises rent, threatens eviction or cuts services after your complaint, read the retaliation rules for your state.

    Why: Most states protect tenants who ask for repairs or call inspectors; your state page says what is protected.

Deadlines

How long the landlord has to make repairs after notice

General rule: see state

In West Virginia:

Landlord's duty
The landlord must deliver the home fit and habitable and keep it that way, meet health, safety, fire and housing codes, keep common areas clean and safe, make repairs needed for habitability, keep electrical, plumbing, heating, ventilation, air conditioning and supplied appliances working, provide trash removal in multi-unit buildings, and supply running water, reasonable hot water, and reasonable heat from October 1 to April 30 (where supplied by public utility connections). The landlord does not have to make repairs while you are behind on rent. W. Va. Code 37-6-30.
How to ask
No statutory notice procedure. Ask in writing, keep a copy, and contact your local health department or code office for an inspection.

Law: W. Va. Code 37-6-30, 55-3A-3 · checked Oct 2026 · From Tenant Rights Map: West Virginia

Retaliation protection period after a repair request

General rule: see state

In West Virginia:

No retaliation statute was found. The eviction statute lists 'retaliatory eviction' as an issue that can be raised on appeal (W. Va. Code 55-3A-3(g)), and West Virginia courts recognize it as a defense. If you think an eviction is payback for a complaint, talk to legal aid quickly.

checked Oct 2026 · From Tenant Rights Map: West Virginia

Key facts for West Virginia

Tenant Rights Map

Deadline to return a deposit
60 days (45 after re-rental, if sooner)
Security deposit limit
No statewide limit
Notice before an eviction case for unpaid rent
No notice required
Notice before the landlord enters
No statute

Tenant Rights Map: West Virginia · checked Oct 2026

Small Claims Map

Most you can sue for
$20,000
Court
Magistrate Court
Filing fee
$30–$50
Lawyers
Optional

Small Claims Map: West Virginia

Documents to gather

  • Lease
  • Dated photos and video of the problem
  • Copies of every repair request and proof of sending
  • Inspection reports from the city or county
  • Receipts for costs you paid (hotel, space heater, food spoiled)
  • Rent receipts showing you are current
  • Doctor notes if the condition affected health

Letters you can send

Fill in the blanks; the letter updates as you type. Copy it, print it or save it as a text file. Nothing you type is sent or saved: it stays on this page until you close it.

Written repair request

Give the landlord formal written notice of the problem and ask for repair by a date.

Dear [Landlord name],

I am writing about repairs needed at [Rental address]. The problems are: [Problems]. I first noticed them on [First noticed date]. [Earlier requests]

Please make these repairs by [Repair by date]. Contact me to arrange access.

Thank you,
[Your name]

Where to go

  • LocalEmergency services (911) or the gas utility's emergency line

    Gas smell, fire, carbon monoxide, live wires

  • LocalCity or county code enforcement / health department

    The landlord doesn't fix a health or safety problem after written notice

  • FederalHUD state information page

    To find local tenant resources and, if you live in HUD housing, how to raise problems

  • FederalLegal Services Corporation: find free legal aid

    You have a low income and want free advice or a lawyer

  • StateLawHelp.org: free legal help by state

    To find your state's legal aid and tenant guides

Costs

Writing to the landlord and calling code enforcement are free. Court costs depend on your state (see smallclaimsmap.com); repair-and-deduct means you pay first and deduct only if your state allows it.

Talk to a lawyer if

  • The landlord files an eviction after you asked for repairs
  • You or a child got sick or hurt from the condition
  • You want to hold back rent or put it in escrow
  • The building has been declared unsafe or you were told to leave

Free help

Free legal aid for renters with low income: find your local office through the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/i-need-legal-help) or LawHelp.org (lawhelp.org/find-help). Your state page on tenantrightsmap.com lists state tenant help. For help paying rent or utilities, call 211 or visit 211.org. HUD's state pages (hud.gov/states) list local tenant resources.

Guides for your state

Guides for every state

Questions

What is the how long the landlord has to make repairs after notice in West Virginia?

Landlord's duty: The landlord must deliver the home fit and habitable and keep it that way, meet health, safety, fire and housing codes, keep common areas clean and safe, make repairs needed for habitability, keep electrical, plumbing, heating, ventilation, air conditioning and supplied appliances working, provide trash removal in multi-unit buildings, and supply running water, reasonable hot water, and reasonable heat from October 1 to April 30 (where supplied by public utility connections). The landlord does not have to make repairs while you are behind on rent. W. Va. Code 37-6-30. How to ask: No statutory notice procedure. Ask in writing, keep a copy, and contact your local health department or code office for an inspection. (W. Va. Code 37-6-30, 55-3A-3)

What is the retaliation protection period after a repair request in West Virginia?

No retaliation statute was found. The eviction statute lists 'retaliatory eviction' as an issue that can be raised on appeal (W. Va. Code 55-3A-3(g)), and West Virginia courts recognize it as a defense. If you think an eviction is payback for a complaint, talk to legal aid quickly.

When should I talk to a lawyer?

The landlord files an eviction after you asked for repairs; You or a child got sick or hurt from the condition; You want to hold back rent or put it in escrow; The building has been declared unsafe or you were told to leave.

How much does it cost?

Writing to the landlord and calling code enforcement are free. Court costs depend on your state (see smallclaimsmap.com); repair-and-deduct means you pay first and deduct only if your state allows it.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-24.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.