When The Landlord Will Not Fix It
W. Va. Code § 37-6-30 — a fit and habitable place at the start, and kept that way
- Delivering the unit fit and habitable at the start, and keeping it that way.
- Meeting the health, safety, fire and housing codes, unless the tenant's household caused the problem.
- Keeping common areas clean, safe and in repair.
- Making every repair needed to keep the place fit and habitable, unless the tenant's lack of care caused it.
- Keeping the electrical, plumbing, heating, ventilating, air conditioning and supplied appliances in good and safe working order.
Those are the landlord's duties for a residential rental. Where the rental agreement promises more than the section does, the agreement controls.
Behind on rent. Nothing in the section requires the landlord to make repairs while the tenant is behind in paying rent.
The section sets the duties and does not spell out a tenant's remedy, which comes from the courts. A particular dispute is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 37-6-30 — Landlord to deliver premises; duty to maintain premises in fit and habitable condition
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.