West Virginia Statewide Rule
West Virginia Landlord Entry Rules
Key Facts
- Statutory notice period
- No statutory requirement
- Governing principle
- Lease terms / quiet enjoyment
- Customary notice
- 24 hours (practice, not statute)
- Emergencies
- Entry allowed without notice
- Statute on access
- § 37-6-6 covers abandonment only
Summary
West Virginia has no statute setting an advance-notice period for landlord entry. Chapter 37, Article 6 is silent on routine access, so entry is governed by the lease and the tenant's common-law right to quiet enjoyment. Many leases treat 24 hours' notice as reasonable, with genuine emergencies excepted.
§37-6-6. Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice. (a) If any tenant from whom rent is in arrears and unpaid abandons the leased property, the landlord or his or her agent shall post a notice in writing in a conspicuous part of the property, requiring the tenant to pay the rent within one month. If the rent is not paid within that time, the landlord shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end. The landlord may recover the rent owed up to the time when he or she became entitled to possession. (b) If any tenant of a housing development operated by a housing authority abandons the leased property when rent is not a condition of the lease agreement, the housing authority shall post a notice in writing in a conspicuous part of the property, requiring the tenant to respond in writing within one month stating that he or she has not abandoned the leased property. If the tenant does not respond in writing within one month, stating that he or she has not abandoned the leased property, the housing authority shall be entitled to possession of the property, and may enter thereon, and the right of the tenant to the leased property shall end.
Full Breakdown
No section of W. Va. Code Chapter 37, Article 6 requires a landlord to give notice before entering a rented dwelling, and West Virginia has no separate statewide entry statute. (Section 37-6-6 addresses a landlord's right to re-enter only after the tenant deserts or abandons the premises, not routine access during a tenancy.) A landlord's right of access therefore comes from the lease and from the tenant's common-law covenant of quiet enjoyment, which bars unreasonable intrusion. In practice, leases authorize entry for repairs, inspections, and showings on reasonable prior notice, and 24 hours is commonly treated as reasonable. In a genuine emergency, such as fire or a burst pipe, a landlord may enter without notice. Because the rule is contractual and common-law rather than statutory, the lease language controls.
Violations & Penalties
No specific statutory penalty. Repeated unreasonable or unannounced entry can support a tenant claim for breach of the covenant of quiet enjoyment or constructive eviction under West Virginia common law.
Frequently Asked Questions
Does a West Virginia landlord have to give notice before entering?
Can my landlord enter without notice in an emergency in West Virginia?
What can I do if my West Virginia landlord keeps entering without warning?
Sources
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