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Overview
West Virginia does not have specific mold legislation or standards for residential or commercial buildings. However, tenants are protected under the implied warranty of habitability established by the landmark case Teller v. McCoy (1978) and codified in West Virginia Code Section 37-6-30. This law requires landlords to deliver and maintain rental properties in a fit and habitable condition, which includes addressing mold issues that materially affect health and safety. The West Virginia Office of Environmental Health Services confirms there are no state or EPA regulations or standards for airborne mold contaminants. [OEHS Indoor Air Program - West Virginia DHHR]
What to Do Now
Most people come here because they need practical next steps quickly. Start here, then use the legal sections below for your state-specific rights.
- Fix active leaks immediately and dry wet materials within 24 to 48 hours.
- Document visible mold with photos, dates, and affected rooms before cleanup.
- If you rent, send written notice and keep copies. Use the documentation guide to track everything.
- Compare your options in the DIY vs professional guide before starting larger cleanup.
- If symptoms are present, review when to seek medical care.
Tenant Rights
Right to Habitable Premises
Tenants have the right to a rental property that is fit and habitable, including freedom from conditions that could harm health such as excessive mold. This right is established both by statute (W. Va. Code 37-6-30) and the implied warranty of habitability recognized in Teller v. McCoy.
Right to Withhold Rent for Habitability Violations
Under the Teller v. McCoy decision, tenants may withhold rent when a landlord breaches the implied warranty of habitability. The court held that the covenant to pay rent is dependent upon the premises being habitable, making these obligations mutually dependent.
[Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978) - CourtListener]
Landlord Responsibilities
Deliver and Maintain Habitable Premises
Landlords must deliver the dwelling unit and surrounding premises in a fit and habitable condition at the start of tenancy and maintain it in such condition throughout. This includes addressing mold issues that could affect tenant health and safety.
Comply with Health, Safety, and Housing Codes
Landlords must maintain the leased property in a condition that meets requirements of applicable health, safety, fire, and housing codes. Failure to meet code requirements is excused only when caused by the tenant.
Remedies Available to Tenants
Rent Withholding
Available: West Virginia tenants may withhold rent when the landlord breaches the implied warranty of habitability, as established in Teller v. McCoy (1978). The court held that the tenant's duty to pay rent is dependent upon the landlord's fulfillment of the habitability warranty. Tenants should document the habitability issue, provide written notice to the landlord, and allow reasonable time for repairs before withholding rent. The breach must be substantial, rendering the premises uninhabitable or unfit for residential use.
[Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978) - CourtListener]
Repair and Deduct
Available: After giving the landlord 14 days written notice of a defect or needed repair, if the landlord fails to make necessary repairs, tenants may hire a professional to complete the repairs and deduct a reasonable amount from monthly rent. This remedy was recognized in Teller v. McCoy. Tenants should document all communications, keep receipts for repair costs, and ensure the deducted amount is reasonable relative to the repairs made.
[Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1978) - CourtListener]
Breaking a Lease Due to Mold
Documentation and Escalation
Mold Risk in West Virginia
Understanding West Virginia's unique climate and environmental factors helps explain why mold can be a significant concern in rental properties.
Humid Continental Appalachian Climate
West Virginia has a humid continental climate with moderately cold winters and warm, humid summers. Situated in the heart of the Appalachian region, the state experiences a mix of humid summers, cold winters, and unique microclimates. The state receives between 40–55 inches of precipitation per year, with higher amounts in elevated mountains and valleys.
Year-Round Moisture Challenges
From snow loads and ice dams in winter to mold risk from humid summers and autumn rain, buildings in West Virginia take a beating year-round. Housing conditions such as exposure to mold have been linked to various health problems including asthma and mental health disorders, according to the 2025 Housing Needs Assessment.
Indoor Conditions Trump Climate
Mold sensitization data reveals that indoor building conditions matter more than outdoor climate for determining actual mold exposure. Experts recommend keeping indoor relative humidity between 30-50% and using dehumidifiers in basements, crawl spaces, and damp areas. Mold can colonize within 24-48 hours of water exposure.
Climate Haven Challenges
According to experts, there's no such thing as a climate haven. Appalachia is not prepared to be a climate refuge due to history of economic disinvestment, continued flooding disaster risks, and communities that are not yet flood resilient. Recent NOAA data shows warming trends with more intense rainfall across West Virginia.
Flood Insurance Changes
West Virginia saw an average flood insurance increase from $1,133 to $3,074 with FEMA's Risk Rating 2.0. Between July 2023 and July 2024, the state saw an 8.9% reduction in flood insurance policies, compared to a 1.4% national reduction, leaving many properties at risk.
Common Mold Types in West Virginia
West Virginia's humid continental Appalachian climate brings 40-55 inches of precipitation annually. Year-round moisture challenges include snow loads and ice dams in winter, and mold risk from humid summers. The state faces ongoing flood disaster risks that exacerbate mold problems. Many homes in the region were built without modern moisture control standards.
Cladosporium
Common throughout Appalachian region; thrives in West Virginia's humid continental climate.
Penicillium
Frequently found in flood-damaged homes; West Virginia faces significant flooding risks.
Aspergillus
Common in older housing stock; can cause serious respiratory infections.
Stachybotrys chartarum
Black mold found after flooding events; West Virginia's flood history increases prevalence.
Alternaria
Grows on damp building materials; prevalent during humid Appalachian summers.
Mold Professional Requirements in West Virginia
Implied Warranty of Habitability
Under West Virginia Code Section 37-6-30, landlords must deliver the dwelling unit in a fit and habitable condition at the commencement of tenancy and maintain it thereafter. Landlords must maintain the property to meet applicable health, safety, fire, and housing codes, keep common areas clean and safe in multi-unit buildings, maintain all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good working order, and supply running water and reasonable heat between October 1 and April 30. The landmark case Teller v. McCoy (1978) established that this warranty cannot be waived and applies to all residential leases. [West Virginia Code Section 37-6-30]
Mold Disclosure Requirements
Notable Mold Court Cases in West Virginia
These cases have shaped mold litigation and tenant rights in West Virginia. Understanding legal precedents can help inform your own situation.
Teller v. McCoy (1978)
Summary: Landmark West Virginia Supreme Court case establishing the implied warranty of habitability in residential leases, requiring landlords to maintain rental properties in a fit and habitable condition.
Outcome: Established that the covenant to pay rent is dependent upon the premises being habitable, creating tenant remedies including rent withholding, repair and deduct, and lease termination.
Significance: Foundation for all mold-related tenant rights in West Virginia; habitability warranty cannot be waived and applies to all residential leases.
Local Regulations
Some cities in West Virginia have additional mold regulations:
Major City Mold Guides
Start with a local guide, then review the full West Virginia mold law details.
Charleston, WV
Local mold risks, prevention priorities, and next steps for Charleston.
Huntington, WV
Local mold risks, prevention priorities, and next steps for Huntington.
Morgantown, WV
Local mold risks, prevention priorities, and next steps for Morgantown.
Parkersburg, WV
Local mold risks, prevention priorities, and next steps for Parkersburg.
Wheeling, WV
Local mold risks, prevention priorities, and next steps for Wheeling.
Financial Assistance for Mold Remediation
These programs may help cover the costs of mold assessment and remediation for eligible residents in West Virginia.
West Virginia Housing Development Fund Programs
Provides housing stability resources and home rehabilitation assistance for West Virginia residents, including repairs that address moisture and habitability issues.
Eligibility: Income-eligible West Virginia residents
Coverage: Home rehabilitation including moisture control
Phone: 304-391-8600Learn More →
USDA Section 504 Home Repair Program
Provides loans and grants to very low-income rural homeowners for repairs including addressing moisture and mold issues.
Eligibility: Very low-income homeowners in rural areas
Coverage: Loans up to $40,000 for repairs; grants up to $10,000 for elderly homeowners
211 West Virginia Emergency Assistance
Connects West Virginia residents with housing stability resources, utility assistance, and home repair programs.
Eligibility: All West Virginia residents
Coverage: Referrals to housing and repair assistance programs
Phone: 211Learn More →
University Extension Resources
These research-based resources from university extension programs provide reliable information on mold prevention and remediation.
Frequently Asked Questions
Does West Virginia have specific mold laws for rental properties?
No, West Virginia does not have specific mold laws or regulations. The state's Office of Environmental Health Services confirms there are no West Virginia or EPA regulations or standards for airborne mold contaminants. However, mold issues are addressed under the implied warranty of habitability established in Teller v. McCoy (1978) and codified in W. Va. Code 37-6-30, which requires landlords to maintain rental properties in a fit and habitable condition.
Can I withhold rent if my West Virginia rental has mold?
Yes, under certain conditions. The West Virginia Supreme Court in Teller v. McCoy (1978) established that the tenant's duty to pay rent is dependent upon the landlord maintaining habitable premises. If mold substantially affects habitability, you may withhold rent after documenting the issue, providing written notice to your landlord, and allowing reasonable time for repairs. The breach must be substantial, rendering the premises unfit for residential use.
Can I make mold repairs myself and deduct the cost from rent in West Virginia?
Yes. After providing your landlord with 14 days written notice about the mold problem, if the landlord fails to make necessary repairs, you may hire a professional to remediate the mold and deduct a reasonable amount from your monthly rent. This remedy was recognized in Teller v. McCoy. Keep all documentation, receipts, and copies of notices to support your deduction.
Official Resources
These official resources can help you understand your rights and take action: