Legal FAQs for Renters in West Virginia

Contact a local West Virginia legal help organization to help defend yourself.

It is illegal for your landlord to evict you without first going to court and getting an eviction order. To remove you from your home, a landlord must take you to court by filing an eviction lawsuit, win the case, and getting an eviction order from the court.

Legal aid groups might be able to provide you with full representation, or other legal organizations can give you information or brief advice.

Find legal help to protect your rights.

If you are behind on rent, you can get help from your local Rental Assistance program. This is a government service to help people who owe rent or utility bills.

Especially if you are behind on rent because of COVID-19 hardships, your local Rental Assistance (or Rent Relief) program can help you.

Find your local Rental Assistance program at your Get Help page here.

Most Rental Assistance programs let landlords apply.

Either a renter or a landlord can start the application.

The landlord will have to fill in as much information they have about the amount of money needed, and the eligibility for the program. The tenant may have to fill in the rest of the information.

Check with your local Rental Assistance program about the steps to follow to apply for rent relief.

Many local Rental Assistance programs are open to everyone, regardless of immigration status. Many programs do not even ask about immigration status.

Check with your local Rental Assistance program to make sure about eligibility rules and immigration.

West Virginia's statewide emergency protections for renters have expired. Check with your local government to see if they provide any additional local protections. **** *_\_*Earlier Protections\** Earlier, The West Virginia Supreme Court had suspended almost all court proceedings, including those for eviction cases, through May 15, 2020. The courts were allowed to re-open on May 18, 2020, and eviction cases have resumed.

West Virginia renters may also have been covered by national protections (link) through August 26, 2021.

Since emergency protections have expired, for renters in West Virginia:

• Your landlord can still give you a notice to quit.
• Your landlord can file an eviction lawsuit against you.
• The court may allow the eviction trial to move forward.
• The court can still issue a new order, judgment, or writ of eviction against you.
• Law enforcement can enforce an existing eviction order against you, to remove you from your home. (link)

Tell your landlord in writing about any repairs needed, particularly if they affect your health and safety. The emergency may delay your landlord's ability to make repairs, but if they are urgent you should call your landlord to make the repairs as soon as possible. Emergency repairs could be for problems with:

• Running water or hot water
• Heat
• Stove, refrigerator, or oven
• Electricity
• Bathroom use
• Missing doors, locks, or windows
• Pests If your landlord doesn't make the repairs promptly, send them a written letter or email about the need for emergency repairs (and keep a copy of this communication). Reach out for legal help for additional guidance.

Yes, West Virginia renters still need to pay rent during the emergency.

Check with your local city or county government to see if they give renters any additional protections if they are struggling to pay rent during the emergency.

If you cannot pay rent, take steps to protect yourself:

• Apply for rental assistance: If you need financial assistance for housing costs like rent or utility bills, you may be able to get help.

• Communicate with your landlord: Send a written letter or email to your landlord as soon as possible. Explain why you cannot pay the rent because of COVID-19 impact. You can also try to negotiate with your landlord to make a payment plan or get a temporary rent reduction. You can use this letter-writing tool here.

• Get written records of all communication: Keep copies of any letter or email you send, and any responses from the landlord. Keep receipts for any payments you make. If you make a payment plan or rent agreement, make sure to get it in writing.

• Keep proof of COVID-19's impact on you: Collect documents about your COVID-19-related employment problems, health care issues, or other issues that affect your ability to pay rent. This includes letters from your employer, doctor, insurance provider, child care provider, schools, etc.

Reach out to local legal and financial help if you are struggling to pay rent in West Virginia.

Eviction proceedings in West Virginia were paused through May 15, 2020. Courts resumed operations as of May 18, 2020.

Check with your local court for up-to-date information.

Since the emergency period has ended, West Virginia renters' utilities may be shut off if they don't make timely payments.

Some West Virginia renters were protected from utility shutoffs. Some utility companies had said they will not suspend service, and some cities like Morgantown had ordered utilities services to stay connected during the emergency. Check with your local providers to see what protections they might offer you.

Renters still must pay their utility bills during the emergency. If you have an overdue utility bill, you can contact the Complaint Division of the West Virginia Public Service Commission, who might help with a more favorable payment plan, at 1-800-642-8544. If you need financial assistance for utility costs, you may be able to get help.

If your landlord tries to shut off your utilities in an attempt to force you out, reach out to a lawyer for help.