What Does My Landlord Need To Fix in West Virginia?
A Clear Guide to WV Repair Laws, Reasonable Timelines, and Realistic Expectations
Whether you’re renting in Charleston, Huntington, Beckley, Morgantown, or anywhere else in West Virginia, state law gives you certain protections when it comes to repairs. But not all issues are treated the same. Some repairs are legally urgent, others are important but not emergencies, and some are purely cosmetic and can be delayed without violating any law.
Understanding these categories helps both tenants and property owners set fair expectations and avoid unnecessary conflict. Here’s a straightforward breakdown based on West Virginia’s landlord–tenant laws, including WV Code §37-6-30.
1. Legally Required Repairs in West Virginia (Non-Negotiable Under WV Law)
West Virginia landlords must provide a home that is safe, sanitary, and livable. This is known as the “implied warranty of habitability,” and it applies to every rental unit in the state.
These items must be repaired promptly because they affect health or safety:
• Heat (critical during West Virginia winters)
• Hot water
• Running water
• Working electricity
• Functional plumbing and sewage systems
• Roof leaks or structural leaks
• Broken exterior doors or windows that prevent proper locking
• Unsafe stairs or handrails
• Electrical hazards
• Mold caused by leaks or structural issues
• Collapsing ceilings or unstable flooring
• Rodent or insect infestations not caused by tenant neglect
• Working smoke detectors and carbon monoxide detectors (if the property has gas appliances or an attached garage)
If these issues occur, the landlord must address them within a reasonable timeframe. In cases involving heat outages, electrical hazards, or active water leaks, “reasonable time” is typically understood as 24–72 hours. Delays that stretch far beyond that, without communication or effort, are generally considered unacceptable.
When a Delay Becomes Unacceptable
West Virginia law doesn’t expect instant fixes, but it does expect ongoing effort. A delay becomes unreasonable when:
• The problem affects habitability
• The issue threatens safety
• The landlord ignores written requests
• The repair is started but abandoned
• No progress is being made to arrange contractors or obtain parts
However, if a landlord is actively working on the problem—calling contractors, waiting on ordered parts, scheduling repairs—this is within their rights, even if the solution takes time.
2. Semi-Urgent Repairs (Important, but Not Emergencies)
These repairs matter and should be addressed, but they do not make the home uninhabitable. Delays are allowed as long as the issue does not worsen or cause secondary damage.
Examples include:
• Air conditioning problems (A/C is not legally required in WV)
• Appliances that came with the unit but still partially work
• Slow drains that still function
• Minor leaks that are contained and not damaging structure
• Garage door problems
• Intermittent electrical outlets when others still operate
• Damaged screens
• Noisy HVAC systems
• Loose door handles or interior hardware
These issues are typically handled within 1–3 weeks, depending on contractor availability and budget. A slower timeline does not violate any West Virginia law.
3. Cosmetic or Optional Repairs (Landlords Are Allowed to Delay These)
Cosmetic wear and tear does not affect health or safety, so West Virginia law does not require landlords to address these quickly—or sometimes at all. Many tenants find these issues annoying, but landlords are fully within their rights to postpone them.
Examples include:
• Paint touch-ups
• Nail holes or minor scuffs
• Older carpet or flooring that is worn but functional
• Scratched hardwoods
• Outdated fixtures or appliances that still work
• Cosmetic landscaping
• Small drywall cracks
• Window screens
• Aesthetic upgrades
Landlords often save these types of improvements for turnover periods or until cash flow allows.
It may feel frustrating when cosmetic items sit unaddressed, but if they do not affect safety or habitability, the landlord has no legal obligation to prioritize them.
4. Tenant Responsibilities in West Virginia
Under WV law, tenants must:
• Keep the property reasonably clean
• Dispose of garbage properly
• Avoid damaging plumbing or electrical systems
• Replace simple items like light bulbs
• Report maintenance issues in a timely manner
• Use appliances and fixtures properly
If a tenant causes damage through misuse, the landlord is not required to repair it for free.
Final Thoughts
In West Virginia, the law is clear about what landlords must fix immediately, what they should fix soon, and what falls into the category of optional or cosmetic maintenance. This helps manage expectations:
Landlords must fix:
• Heat, water, electricity, plumbing
• Structural and roof issues
• Pest infestations
• Mold caused by leaks
• Safety hazards
• Smoke and CO detectors
Landlords should fix soon:
• Appliances
• Minor leaks
• Partial electrical issues
• A/C
• Garage door problems
Landlords may delay:
• Cosmetic issues
• Aesthetic upgrades
• Non-essential improvements
A landlord who is working toward a solution—communicating, scheduling, ordering parts—is acting within their rights even if repairs take time.
Understanding these categories helps reduce frustration and ensures that both tenants and landlords know where the legal lines are drawn in West Virginia.