West Virginia tenant screening and landlord-tenant law

No West Virginia statute caps application or screening fees. This is generally left to the lease agreement and market practice, subject to any local ordinances. Landlords should confirm whether any city or county rules apply.

West Virginia's Human Rights Act protected classes are race, religion, color, national origin, ancestry, sex, blindness, disability, and familial status (§5-11-9). Criminal history is not addressed as a separate category, and there is no state lookback limit on using criminal records in housing decisions. As with other states, federal fair-housing guidance on criminal-history screening may also apply, so a documented, individualized, and consistently applied policy is generally the more defensible approach in the absence of state-specific rules.

Source of income (including housing vouchers) is not listed among the protected classes in West Virginia's Human Rights Act. That means, under state law, a landlord generally may decline an applicant solely because they intend to pay with a housing voucher, unless a specific city ordinance applies. Confirm any applicable city ordinance against current municipal code before finalizing a screening policy.

The FCRA §615 baseline applies: notify the applicant, identify the consumer reporting agency, and explain the applicant's right to dispute the report and obtain a free copy. West Virginia law does not add to these federal adverse-action requirements.

West Virginia has no statutory cap on the dollar amount of a security deposit. Secondary legal-reference sources state that a landlord is generally expected to return the deposit, less any itemized lawful deductions for unpaid rent or damage beyond normal wear and tear, within a reasonable period after the tenancy ends — commonly cited as roughly 60 days by secondary sources; verify this specific figure against the current statute before relying on it.

West Virginia has no statute establishing statewide rent control or a general just-cause eviction requirement. For a month-to-month tenancy, West Virginia common law and statute generally require at least one full rental period's notice (typically 30 days) to terminate without cause. For nonpayment of rent, landlords generally must provide notice before pursuing eviction through the magistrate court system. Because the exact statutory notice period and cure requirements can vary, landlords should confirm the current rules under W. Va. Code §55-3A-1 et seq. (Landlord/Tenant provisions) or Chapter 37, Article 6.

West Virginia's local government is organized into counties and incorporated municipalities, without a New England-style township layer. Charleston, Huntington, and Morgantown may have city-specific tenant-screening, source-of-income, or fair-chance requirements; confirm each city's current code before making city-specific claims.

Does West Virginia cap security deposits? West Virginia does not have a statutory dollar cap on security deposits; return timelines and itemization practices are generally addressed by case law and secondary guidance rather than by statute, so landlords should verify current requirements.

Is source of income a protected class in West Virginia? No, not under the state Human Rights Act as currently understood; a landlord generally may decline voucher holders under state law alone.

Does West Virginia limit how landlords use criminal history? West Virginia has no state-specific limit; FCRA disclosure and adverse-action rules still apply.

Does West Virginia have a statewide just-cause eviction requirement? West Virginia has no statewide just-cause requirement; a month-to-month tenancy can generally be ended with proper notice without a stated reason.

Checkr helps landlords and property managers in West Virginia run FCRA-compliant background checks efficiently, so you can screen applicants consistently while staying focused on filling your unit. Get started with Checkr to build a screening process suited to your properties.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.