W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-30
Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
Operative Text
With respect to residential property: (a) A landlord shall: (1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and (2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent; and (3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants; and (4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent; and (5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air- conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him by written or oral agreement or by law; and (6) In multiple housing units, provide and maintain appropriate conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit; and (7) With respect to dwelling units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and reasonable heat between October 1, and the last day of April, except where the dwelling unit is so constructed that running water, heat or hot water is generated by an installation within the exclusive control of the tenant. (b) If a landlord's duty under the rental agreement exceeds a duty imposed by this section, that portion of the rental agreement imposing a greater duty shall control. (c) None of the provisions of this section shall be deemed to require the landlord to make repairs when the tenant is in arrears in payment of rent. (d) For the purposes of this section, the term "multiple housing unit" shall mean a dwelling which contains a room or group of rooms located within a building or structure forming more than one habitable unit for occupants for living, sleeping, eating and cooking.
West Virginia Code § 37-6-30 establishes a broad set of habitability obligations that apply to residential landlords throughout the state. At the start of a tenancy and on an ongoing basis, the dwelling and its surrounding premises must be fit and habitable, meet applicable health, safety, fire, and housing codes, and have all essential systems — such as plumbing, heating, and electrical — kept in safe working order. In multi-unit buildings, landlords are also responsible for maintaining common areas and providing waste-removal conveniences. These duties do not apply when a condition is caused by the tenant or someone the tenant permitted on the premises, and a landlord is not required to make repairs while a tenant is behind on rent.
Plain English — not legal advice.
Under § 37-6-30, a compliant residential landlord in West Virginia generally delivers a dwelling that is fit and habitable on the first day of the tenancy and keeps it in that condition throughout the lease term. Operators of multi-unit buildings typically maintain common areas, ensure waste-removal facilities are available, and keep shared systems like elevators in safe working order. Landlords also generally document any tenant-caused damage carefully, since § 37-6-30 carves out repair obligations that arise primarily from a tenant's or their guest's lack of reasonable care, and separately notes that repairs need not be made while a tenant is in arrears on rent.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-30 of the West Virginia Code gives residential tenants the right to a dwelling that is delivered and maintained in a fit and habitable condition, with functioning plumbing, heat, hot water, and other essential systems throughout the tenancy. If a landlord fails to meet these obligations — and the condition is not caused by the tenant or someone the tenant allowed on the premises — tenants may have grounds to raise the violation as a defense in legal proceedings or to pursue other remedies available under West Virginia law. Tenants who believe their landlord is not complying with § 37-6-30 may wish to document conditions in writing, contact local housing or code-enforcement authorities, or reach out to a tenant-rights organization for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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