This page has local legal information on residential (not commercial) renters’ issues. It is not legal advice, and you should check with your local legal aid and courts for current information.
This page was last updated on Aug 26th, 2022. It was reviewed by our volunteer attorney experts.
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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, 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.
Since emergency protections have expired, for renters in West Virginia:
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:
West Virginia renters can still be evicted during the emergency.
Also check with your local government to see if they provide any additional local protections.
If you receive a notice to quit from your landlord, or an eviction lawsuit, reach out for legal help.
Some West Virginia renters are protected from utility shutoffs. Some utility companies have 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.
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:
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).
You may be able to break your lease if you can come to an agreement with your landlord.
Your lease is still valid despite the emergency period.
However, you can talk to your landlord to see if they will agree to let you leave early. If they agree, be sure to get the agreement in writing.
Also, you can review your lease. It may have a part that lets you end the lease early in times of financial difficulty. If your lease has this kind of part, you might be able to break the lease (in some cases penalty-free).
Contact a 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.
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.
Renters in 3 categories have special national protections against being evicted during the Emergency Period of March 27, 2020 to July 24 or 25, 2020. These national protections add onto any state and local protections you have.
Do you fit in any of these 3 categories?
If you are a renter in one of these 3 categories, the federal CARES Act section 4024 gives you these protections. (Remember, these protections add onto any state and local protections you have)
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.
Local governments set the rules about who is eligible for rent relief. Most programs focus on people who have suffered COVID-19 hardships.
You can talk to your local Rental Assistance program to learn their eligibility rules.
You may have to show your household income, or if you are on other benefits programs like SNAP.
You may also have to show that you are at risk of homelessness or eviction if you don't get rental assistance.
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.
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.
Find legal groups that can help you with housing problems, landlords, roommates, Section 8, domestic violence, discrimination, and more.Find Legal Services
Find groups that can help you pay the rent, cover utility costs, and get other housing-related assistance.Find Financial Help
Find help with other problems, like domestic violence, health coverage, food benefits, mental health, and other issues.Find Other Services
State information is taken from these sources:Princeton Eviction Lab's COVID Policy ScorecardsColumbia Law School COVID-19 Eviction Moratoria analysisEnergy and Policy Institute Utility Disconnect TrackerWest Virginia Supreme Court orderLegal Aid of West Virginia COVID-19 page
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