Landlord Responsibility Statements

West Virginia Landlord Responsibility Statement

Effective Date: November 1, 2025
Jurisdiction: State of West Virginia
Applies to: All landlords, property managers, agents and listing entities using the Tentunit platform for residential housing (including student, young-professional or family rentals) in West Virginia.

1. Purpose

This Statement defines the obligations, compliance standards and procedural documentation requirements for landlords listing properties on the Tentunit platform in West Virginia. Use of the Tentunit platform constitutes affirmation of adherence to this Statement, the Tentunit Terms of Service, Payment Terms, Fair Housing Policy and all applicable laws. This document does not constitute legal advice; landlords must consult counsel for full compliance.

2. Listing Accuracy, Transparency & Advertising

All listings must represent the unit and terms accurately, completely and currently.

Mandatory Disclosures

Landlords must disclose, in each listing:

  • Monthly rent, lease term or renewal terms.
  • All upfront, recurring and ancillary fees: application fees, admin/amenity fees, pet fees/deposits, parking fees, utility allocations or rebilling, move-in fees.
  • Security deposit or fee-in-lieu (if any) and the conditions for return, deductions or forfeiture.
  • Utilities: specify which utilities tenants pay, which landlord pays; method of sub-metering or allocation if used.
  • Unit condition: photographs must show the actual unit as currently offered, not overly staged or “model only” units without disclosure.
  • Screening criteria: income, credit, guarantor/student status, rental history.
  • Availability: earliest move-in date; units already leased must be withdrawn promptly.

Prohibited Practices

  • Bait-and-switch listings (unit advertised then changed without equivalent disclosure).
  • Misstating square footage, bedroom/bath count, condition, amenities, views or location.
  • “Starting at” pricing without clear eligibility or availability disclosure.
  • Omitting fees or presenting hidden charges.
  • Failing to update listing status when unit becomes unavailable.

Compliance Note

West Virginia law prohibits landlords from engaging in unfair or deceptive practices in rental housing. For example, in its “Renters’ Rights” guide the WV Attorney General states landlords must return deposits, cannot lock out tenants without court process and must ensure written agreements.

3. Fair Housing & Equal Access

Landlords must comply with:

  • The federal Fair Housing Act (prohibiting discrimination based on race, color, religion, sex, national origin, familial status, disability).
  • West Virginia laws and local ordinances that may add protections (e.g., disability accommodations).
    Landlords must:
  • Use neutral, consistently enforced screening and leasing criteria.
  • Provide reasonable accommodations and modifications for persons with disabilities.
  • Avoid discriminatory language or practices in advertisements, communications, screening, or leasing.
  • Document criteria, denials/approvals and retain records for audit.

4. Communication Standards & Platform Responsiveness

To ensure a professional student-friendly experience, landlords agree to:

  • Acknowledge inquiries, lease-application messages or maintenance requests via Tentunit (or another documented channel) within 24 hours (no more than 48 hours).
  • Provide timely written updates to prospective tenants about status, and to current tenants regarding scheduled repairs, entries, inspections or changes.
  • Maintain listings promptly: update availability, pricing, photos, disclosures when changes occur.
  • Use professional, respectful, non-discriminatory communication at all times.
    Repeated failure or abusive communication may result in removal of listings or account suspension by Tentunit.

5. Lease Execution & Legal Compliance

All leases through Tentunit in West Virginia must align with statutory requirements and best-practice corporate governance.

Required Lease Provisions

  • Written lease (or electronic record) specifying landlord/agent name and address for service of process (WV Code § 37-6A-1, § 37-6A-2).
  • Security deposit clause consistent with WV law.
  • Utility allocation clause where applicable.
  • Move-in inspection/inventory checklist recommended (see deposit handling).
  • Lease termination and renewal terms must comply with statute; self-help eviction or utility shut-off is prohibited. See “Renters’ Rights” brochure.
  • Student-specific disclosures if applicable (e.g., campus proximity, sub-letting/early termination policies, renewal options).

Prohibited Terms

  • Clauses waiving statutory tenant rights.
  • Self-help eviction, lock-outs or utility shut-offs as a means of eviction.
  • Late fees or penalties that are unconscionable or undisclosed.

6. Habitability, Maintenance & Repair Obligations

Landlords must maintain rentals in a safe, sanitary, habitable condition consistent with local codes and implied warranties.

Key obligations include:

  • Heating, plumbing, electrical, structural, roof, foundation, windows, doors, locks, and common areas must be maintained in safe condition.
  • Smoke detectors, carbon monoxide alarms (where required), safe egress and fire-safety measures must be present.
  • Prompt response to tenant repair requests affecting health and safety.
  • Documentation: Maintain repair request logs, scheduling, completion records, photographic evidence where appropriate.

Tenant retaliation for repair requests is prohibited under WV law.

7. Entry, Inspection & Tenant Privacy

Landlords must respect the tenant’s right to quiet enjoyment and privacy.

  • Provide reasonable notice for non-emergency entry (although West Virginia does not prescribe a strict statutory notice period, best practice is at least 24 hours).
  • Entry must occur at reasonable hours unless emergency.
  • Document entry via Tentunit messages or written notice.
  • Provide a tenant the option to attend a move-out inspection where practicable. (Recommended by WVU Student Legal Services).

8. Security Deposit Handling

West Virginia has specific statutory mandates for security deposits (WV Code § 37-6A-1 et seq.).

Key Rules

  • Definition: “Security deposit” means a refundable deposit to secure performance of the rental agreement (WV Code § 37-6A-1(14)).
  • Upon termination of the tenancy, within the applicable notice period, the landlord must return the deposit minus lawful deductions and provide a written itemization of deductions. (§ 37-6A-2(a)).
  • Deductions may only cover: unpaid rent, tenant’s non-compliance damage (beyond wear and tear), unpaid utilities the tenant is responsible for, cost of removal/storage of tenant’s property, other charges per rental agreement. (§ 37-6A-2(b)).
  • Timing: Landlord must return deposit or itemize deductions within 45 days of occupancy by a new tenant or 60 days after the lease terminates, whichever is shorter.
  • If the deposit is improper withheld, tenant may recover the withheld amount plus up to 1.5× the amount wrongfully withheld.

Best Practices

  • Use a written move-in condition checklist signed by both parties.
  • Provide the tenant with forwarding address request.
  • Store deposit and itemization records for at least 6 months.

9. Student Housing & Young-Professional Focused Standards

Given Tentunit’s focus on student/young-professional renters, landlords must observe additional standards:

  • Avoid exploitative practices targeted at students (e.g., excessive fees, misleading amenities, forced guarantors without alternative options).
  • Disclose clearly: campus distance, transit options, parking policies, study/noise restrictions, lease-renewal or early-termination policy.
  • Provide editable dorm-life style “house rules” tailored to shared housing, but ensure they comply with Tenant rights (i.e., cannot conflict with statute or process).
  • Offer digital onboarding materials for students (e-lease, move-in process, property rules, emergency contacts) and maintain accessible customer-service contact channels suitable for student lifestyle.

10. Documentation, Audit, Compliance & Platform Enforcement

Landlords must maintain full disclosure, documentation and audit-ready files:

  • Listing metadata: submission date, images, availability updates, fee disclosures.
  • Applicant log: inquiries, screening criteria, approvals/denials, communications.
  • Lease file: executed documents, disclosures, amendments.
  • Maintenance records: requests, contractor work orders, completion verification.
  • Security deposit records: bank account (if separated), itemization notices, return documentation.
  • Communication logs: Tentunit portal messages, service interruptions, entry notices.

Enforcement Rights of Tentunit

Tentunit reserves the right to:

  • Audit landlord compliance without prior notice.
  • Suspend or remove property listings.
  • Freeze or withhold payout of funds relating to the landlord’s property.
  • Terminate landlord’s platform account permanently for material or repeated violations.
  • Report misconduct to regulatory or enforcement authorities.
  • Recover damages, attorneys’ fees and compliance-costs caused by landlord’s non-compliance.

11. Indemnification

Landlord shall defend, indemnify and hold harmless Tentunit, its affiliates, officers, directors, employees, contractors and agents from all losses, claims, damages, costs (including attorneys’ fees) arising out of:

  • Landlord’s breach of this Statement or Tentunit policies.
  • Landlord’s negligent or intentional misconduct.
  • Landlord’s violation of federal, state or local housing law.
  • Tenant claims relating to landlord’s actions or omissions.
  • Platform investigations or regulatory enforcement triggered by landlord behavior.

12. Governing Law & Statutory References

West Virginia Statutes & References

  • West Virginia Code §§ 37-6A-1 (Definitions) and 37-6A-2 (Security Deposits)
  • West Virginia Attorney General “Renters’ Rights: Guide to Landlord‐Tenant Law” (2024)
  • Legal Aid of West Virginia, “How to Get Your Security Deposit Back” guide
  • IPropertyManagement summary of WV deposit return & deduction laws

Federal Laws

  • Fair Housing Act (42 U.S.C. § 3601 et seq.)
  • Servicemembers Civil Relief Act (50 U.S.C. App. § 501 et seq.)
  • Lead-Based Paint Disclosure Rule (42 U.S.C. § 4852d)