West Virginia Statewide Rule

West Virginia Landlord Entry Rules

Few RestrictionsApplies statewide across West Virginia (2026)

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.

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

Last verified: 2026-06-27

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?

Not by statute. West Virginia Code Chapter 37, Article 6 sets no entry-notice rule, so access is governed by the lease and the tenant's common-law right to quiet enjoyment. Many leases require about 24 hours' notice, but that comes from the lease, not state law.

Can my landlord enter without notice in an emergency in West Virginia?

Yes. Because access rests on the lease and common law, a landlord may enter without advance notice in a genuine emergency such as a fire, gas leak, or burst pipe to protect the property or occupants.

What can I do if my West Virginia landlord keeps entering without warning?

There is no specific statutory penalty, but repeated unreasonable or unannounced entry can breach the covenant of quiet enjoyment, and a tenant may raise it in a common-law claim or as constructive eviction.

Sources

W. Va. Code § 37-6-6 (Re-entry on desertion)

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