According to West Virginia Code §37-6-30 a landlord is required to deliver and keep up any home in a fit and habitable state. This promise applies to every lease whether it is written in the lease or not. Neither the renter nor landlord can waive this promise by a clause in the lease. If the landlord does not deliver or keep an acceptable home there are actions you can take to obtain a safe place to live.

Every case is different. The court’s interpretation of “habitable” can vary. Even though it varies there are some things that are considered. All homes must meet:

• Health codes
• Safety codes
• Fire codes, and
• Housing codes

Some things that are violations of the warranty are:

• Lack of running water
• Lack of heat during cold weather
• No electricity
• No smoke alarms
• Unsafe toilet and bathroom

Here are some things that would not be a violation of the warranty of habitability.

• Unpainted walls
• Peeling wallpaper
• Broken blinds
• Missing door knobs
• Dirty carpet
• Uneven floors
• Poorly hung cabinets or doors
• Any damages you or a guest made to the home

The promise of a safe place to live starts at the time you sign the lease. Your duty to pay rent relies on on the landlord’s duty to deliver a safe place and keep it up during the lease.

Generally, yes.  If the defect occurs and you are current on your rent, then the landlord has the duty to make the repair.  If you are behind on your rent, and a defect occurs, then you need to pay your complete rent before your landlord has a duty to make the repair. If you are behind on rent, make sure you get a receipt to prove that you have paid the rent.

First, Document the Problem: When you first notice a problem you should take pictures of everything you think needs repaired. These pictures should be timestamped with the date they were taken. You should also have a friend there so they can be a witness later.

Second, Notify the Landlord: As soon as you notice any defects you should notify the property owner. You may call, text message or email. If you use text message or email, you may want to screenshot the communication to document that you contacted the landlord. If the landlord does not respond timely, you may want to send a letter to the owner by certified mail. The letter should have the following:

• Your name
• Date
• Owner’s name
• Your housing address
• All of the problems listed in detail

All of the pictures and reports you have gotten together should also be sent in this letter. Make and keep copies of everything you sent to the owner in this letter. Along with all the evidence you send you will need to ask the owner to fix the problems. These problems must be fixed in a reasonable time.

Third, Notify applicable government agencies: If the landlord fails to act in a reasonable amount of time, and the problem affects the health and sanitation of your home you should contact your health department inspector, code enforcement officer, or a public utility such as the gas, electric or water service providers. They will confirm or deny the extent of the problem.

If they find something unsafe, they may place a “red tag” on it. You will need to take pictures of these to later send to your landlord. Do not remove these tags.

Be aware that if your house is seen as too unsafe by the health inspector or code enforcement officer, they could tell you that you can’t stay there. If you think the problem is that bad you should have another place to stay before you contact them.

Move out.

Sue them in court.

Withhold rent.

You will need to tell the landlord again in writing that you are not paying rent because of the home’s condition. The landlord will likely sue to evict you. Few cases are won on a claim of warranty of habitability when rent is behind.

This is a very big chance to take because if you do end up getting evicted you almost certainly have a harder time finding housing in the future.

The most important thing you can do to win a rent withholding case is to not use your held back rent money for other things. You must either pay this money to a separate account or bring the money to court in the form of a cashier’s check.

If you do not have the money when you go to court the Judge will think you are a renter trying to avoid paying rent. Having the rent you held back gives weight to your case.

Many times this money would be better spent as a deposit on a new place. Your chances at winning by holding back rent are slim. Unless you cannot find another place to live, moving out is your best option. Holding back your rent should be a last resort.

No. Unless you agreed to this in you lease West Virginia law does not allow repair and deduct as an option. Do not spend money on repairs if you expect to get money taken off your rent. If the landlord says he/she is willing to do this, be sure you have this documented in some form of writing, even if it’s only email or text message. Further, unless the landlord agrees to, it is unlikely you would be reimbursed for any work you did on the place. So, for example, if you have a clogged pipe, you may be able to pay the plumber and deduct from rent, with landlord’s agreement, but if you fix the problem, you are unlikely to be paid anything.

The landlord has to pay for all repairs it takes to bring your housing back up to habitability. They are not responsible for any damages done by you or any of your guests. So, if you or your guests break the furnace, the landlord may not be required to fix it.

The judge will likely not give you a 100% reduction in rent. They will likely set a reduced amount to be paid after the hearing while taking into consideration the condition of the home when deciding how much rent you will pay.

Do not expect to keep all the withheld rent. The point of holding back is to get repairs done. Not to get a free place to live. The judge will usually not discount over half of your rent so be prepared to pay what is left. You must have this money ready to pay for the rest of the rent or you will be evicted.