West Virginia Habitability and Repair Requirements

W. Va. Code § 37-6-30 lists the landlord's duties: to "deliver the dwelling unit and surrounding premises in a fit and habitable condition" and maintain it; meet "applicable health, safety, fire and housing codes"; "make all repairs necessary to keep the premises in a fit and habitable condition"; maintain electrical, plumbing, heating, and other facilities in good and safe working order; and supply running water, reasonable hot water, and reasonable heat between October 1 and April 30. Teller v. McCoy, 162 W. Va. 367, 253 S.E.2d 114 (1978), holds that residential leases carry an implied warranty of habitability that cannot be waived, that the duty to pay rent is dependent on it, and that breach is a defense to an action for rent or unlawful detainer. Remedies include rent withholding, terminating and vacating, or paying rent and suing for damages.

A tenant may raise breach of the implied warranty as a defense to an eviction or rent action, withhold or abate rent, terminate the lease and vacate, or sue for damages measured by the diminished rental value plus annoyance and inconvenience.