Short answer: West Virginia landlord retaliation law has no general statute for apartment and house renters: the landlord-tenant article, W. Va. Code Chapter 37, Article 6, contains no retaliation section and sets no presumption window. The Code names “retaliatory eviction” only in the summary-eviction appeal rule, § 55-3A-3(g), while a full anti-retaliation rule, § 37-15-7, covers only manufactured home site tenants.
That patchwork means the protection you have depends heavily on what you rent. A mobile home lot tenant has a written statute to point to. A tenant in an ordinary apartment has to rely on the eviction appeal provision, fair housing law and careful documentation. This guide sorts out which rules reach you.
West Virginia Landlord Retaliation Rules at a Glance
| Rule | West Virginia | Statute |
|---|---|---|
| General retaliation statute | None in the landlord-tenant article | Ch. 37, Art. 6 |
| Presumption window | None | Ch. 37, Art. 6 |
| Retaliatory eviction on appeal | Can restore possession after lease expiration | § 55-3A-3(g) |
| Manufactured home sites | No selective rent hike, service cut or possession action after protected acts | § 37-15-7 |
| Fair housing interference | Coercion, threats or interference unlawful | § 16B-18-16 |
| Answer to summary eviction | Within five days of receiving notice | § 55-3A-1 |
| Rent withholding or escrow | No statute; landlord need not repair while tenant is in arrears | § 37-6-30(c) |
What the Statutes Say, and What They Don’t
Article 6 of Chapter 37 runs from § 37-6-1 to § 37-6-31. It covers transfers of land, notice to terminate, abandonment, distress for rent, reentry and unlawful detainer, destruction of buildings, and the landlord’s duty in § 37-6-30 to deliver and maintain a fit and habitable unit. No section bars a landlord from raising rent, cutting services or ending a tenancy because you complained.
The one reference to retaliation that reaches ordinary rentals sits in the summary-eviction statute. Section 55-3A-3(g) says that if a tenant wins an appeal, relief is limited to money damages and will not restore possession once the lease term has expired, “absent an issue of title, retaliatory eviction, or breach of warranty.” In other words, retaliatory eviction is one of three issues that can get you back into a home after the lease term ends.
The statute recognizes the concept but does not define it, list protected acts or set a time window. How a court decides whether an eviction was retaliatory comes from West Virginia case law, which a local legal aid lawyer can explain for your facts.
Manufactured Home Site Tenants Have a Written Rule
If you rent a lot for a manufactured home, § 37-15-7(a) applies. Once the landlord knows you have done any of the following, it may not retaliate by selectively increasing rent, decreasing services, or bringing or threatening to bring an action for possession:
- complained to a government agency responsible for enforcing a building or housing code about a violation materially affecting health or safety;
- complained to the landlord or sued over a violation of Article 15;
- organized or joined a tenants’ organization; or
- testified in court against the landlord.
Subsection (b) still allows the landlord to end the agreement under § 37-15-6(b) “unless the magistrate or circuit court finds that the reason for the termination was retaliation.” There is no presumption period; you would show the court the link between your complaint and the landlord’s action. The word “selectively” matters too: a park-wide rent increase applied to every lot is not the targeted conduct the statute bars.
Fair Housing Retaliation
West Virginia’s fair housing law now sits in Chapter 16B, Article 18. Under § 16B-18-16, it is unlawful to coerce, intimidate, threaten or interfere with anyone exercising fair housing rights, or because they exercised those rights or helped someone else do so. The protected rights include those in § 16B-18-5, which bars discrimination in renting because of race, color, religion, ancestry, sex, familial status, blindness, disability or national origin.
So if your landlord threatens eviction after you request a disability accommodation or file a discrimination complaint, you have a statutory claim whether you rent an apartment, a house or a lot.
Repairs, Arrears and Why Rent Status Matters
Section 37-6-30(a) requires a landlord to keep the unit fit and habitable. For units with direct utility connections, § 37-6-30(a)(7) adds running water and reasonable hot water at all times, and reasonable heat between October 1 and the last day of April.
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But § 37-6-30(c) says the landlord is not required to make repairs while the tenant is behind on rent, and West Virginia has no statute authorizing rent withholding or escrow. Withholding rent to protest a landlord’s behavior can therefore undermine both your repair claim and any argument that a later eviction was payback.
Lockouts and Utility Shutoffs
Article 6 has no section that specifically addresses lockouts or landlord utility shutoffs, and the statute sets no penalty amount for them. The court process in Chapter 55, Article 3A is how a landlord obtains possession on an expedited basis, and it gives you notice and a chance to file a defense. If a landlord changes your locks or cuts service without going to court, contact legal aid immediately, because the landlord-tenant article itself does not spell out a tenant remedy.
A Worked Example
Denise rents a Charleston apartment for $850 a month on a one-year lease ending March 31. In November, she asks the city code office to inspect after her landlord ignores a broken furnace. In January, the landlord tells her the lease will not be renewed and later files a summary eviction petition after March 31.
Denise has five days after receiving notice of the petition to file and serve a written defense under § 55-3A-1, and she raises retaliation. If the magistrate rules against her and she appeals and wins, § 55-3A-3(g) allows the court to restore her to possession even though her lease expired, because retaliatory eviction is one of the listed exceptions. Without that issue, she could recover only money.
Had Denise rented a manufactured home lot instead, § 37-15-7(a)(1) would expressly bar the landlord from bringing the possession action because of her code complaint.
Building Your Record in West Virginia
- Put complaints in writing and keep the code office’s inspection report. Our repair request letter guide shows what to include.
- Stay current on rent, because § 37-6-30(c) relieves the landlord of repair duties while you are in arrears.
- Save every notice about renewal, rent or services, with dates.
- Act within five days if you receive a summary eviction petition, and write “retaliatory eviction” into your defense so the issue is preserved.
- Map your dates in our landlord retaliation checker.
Frequently Asked Questions
Is there a West Virginia statute that stops a landlord from evicting me for complaining?
Not for ordinary apartments and houses. Article 6 of Chapter 37 has no retaliation section; the Code refers to retaliatory eviction only in § 55-3A-3(g), which concerns relief on appeal. Manufactured home site tenants are covered by § 37-15-7.
Why does § 55-3A-3(g) matter to me?
Normally, a tenant who wins a summary eviction appeal after the lease has expired gets money only. Section 55-3A-3(g) makes retaliatory eviction one of three exceptions that can restore possession, so raising it early protects your ability to stay.
Can a mobile home park raise only my lot rent after I report a code problem?
No. Section 37-15-7(a) bars selectively increasing rent after the landlord knows you complained to a code agency, complained or sued under Article 15, organized tenants or testified against the landlord.
Can I withhold rent in West Virginia until my landlord stops retaliating?
No statute allows it, and § 37-6-30(c) says the landlord need not make repairs while you are in arrears. Falling behind can also give the landlord a separate ground for eviction.
If you think your landlord is retaliating, gather your written complaints and rent receipts and talk to legal aid before the five-day answer deadline runs. You can compare other states in our tenant protection laws by state hub and review deposit rules in our West Virginia security deposit law guide. This is general information, not legal advice; the LSC get legal help finder can connect you with West Virginia legal aid.