West Virginia Statewide Rule

West Virginia Habitability and Repair Requirements

Some RestrictionsApplies statewide across West Virginia (2026)

Key Facts

Governing statute: W. Va. Code § 37-6-30
Implied warranty: Teller v. McCoy (1978), non-waivable
Heat requirement: Reasonable heat Oct 1 – Apr 30
Code compliance: Health, safety, fire, housing codes
Tenant remedy: Withhold rent, repair, or sue for damages

Last verified: September 5, 2026

Summary

West Virginia statutorily requires landlords to deliver and maintain rental dwellings in a fit and habitable condition under W. Va. Code § 37-6-30, and Teller v. McCoy recognizes a non-waivable implied warranty of habitability. A tenant facing serious defects may withhold rent as a defense, repair-and-deduct, or recover damages.

With respect to residential property: (a) A landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and (2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent; and (3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants; and (4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent; and

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Full Breakdown

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.

Violations & Penalties

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.

Frequently Asked Questions

Is there an implied warranty of habitability in West Virginia?

Yes. Teller v. McCoy, 162 W. Va. 367 (1978), recognizes a non-waivable implied warranty that residential premises be fit and habitable at the start of and throughout the tenancy, and § 37-6-30 lists the landlord's specific maintenance duties.

Can I withhold rent for repairs in West Virginia?

You may. Under Teller v. McCoy the duty to pay rent depends on habitability, so a serious uncorrected defect can be a defense to a rent or eviction action and support rent abatement, but documenting the problem and notifying the landlord first is strongly advised.

Does my West Virginia landlord have to provide heat?

Yes. W. Va. Code § 37-6-30 requires landlords to supply running water, reasonable hot water, and reasonable heat between October 1 and the last day of April, unless those systems are under the tenant's exclusive control.

Sources

W. Va. Code § 37-6-30 (Landlord duties)

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