before holding rent back ,
http://www.wvago.gov/pdf/Tenants_rights.pdf is what I found, First page 4 > • Your landlord is required to maintain your housing
in fit condition from the time you move in until the
time you move out.
• You have the right to complain about unfit housing
conditions to your landlord or to the local government
agencies, such as the Building Code Inspector,
Fire Marshall, or Health Department.
• Your landlord cannot evict you in retaliation for
complaining about unfit housing conditions. It is unlawful for your landlord to lock you out,
shut off your utilities, refuse to make repairs, or
do other things to evict you without going through
the court. page nine >The first and most important step you should take in enforcing your right
to decent housing is to notify your landlord about these problems. The
best way to notify your landlord is to send a certified letter, return receipt
requested, listing all of your complaints and demanding that the problems
be corrected within a reasonable time, usually within 7 to 10 days.
Before mailing, always make a copy of the letter to keep for your records
H u n t i n g t o n H u m a n R e l a t i o n s C o m m i s s i o n 6
and to use later as evidence in court if necessary. The law requires
your landlord to correct the problem promptly and properly.
A responsible landlord will investigate your complaint after
receiving your certified letter and will then make any necessary
repairs in a prompt and proper manner. However, if your
landlord fails to take action after receiving your letter, it may be
necessary for you to enforce your rights by filing a civil suit
against your landlord in court. At this point, it is best to consult
with a lawyer to obtain further guidance on how to proceed. If
you cannot afford to hire a lawyer, you may be eligible for help
from a legal service program which helps low-income people.
To find out if you are eligible for assistance, you should contact
Legal Aid of West Virginia, toll free, at 1-800-642-8279. PAGE 12 > In some states, tenants have the legal right to withhold their rent in
order to pressure their landlords to make needed repairs. In West
Virginia, however, tenants do not have the legal right to withhold
their rent as a way of pressuring the landlords to obey the law.
The statute (West Virginia Code §37-6-30) which requires landlords
to make sure that rental housing is maintained in a fit and
habitable condition at all times, excuses landlords from the duty to
make repairs when the tenants are behind in their rent. For this
reason, even if your landlord has failed to make necessary repairs,
it is likely that your landlord will file a suit to evict you for nonpayment
of rent if you decide to withhold your rent. page 17 >> §37-6-30 Landlord to deliver premises in fit and habitable condition - duty to maintain premises
With respect to residential property:
(a) A landlord shall:
(1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased
property in such conditions;
(2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire, and housing codes, unless the failure to meet those
requirements is the fault of the tenant, a member of his family, or other person on the premises with his consent;
(3) In multiple housing units, keep clean, safe, and in repair all common areas of the premises remaining under his control that are maintained for the use and
benefit of his tenants;
(4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by
the tenant, a member of his family, or other person on the premises with his consent;
(5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances,
including elevators, supplied or required to be supplied by him by written or oral agreement or by law;
(6) In multiple housing units, provide and maintain appropriate conveniences for the removal of ashes, garbage, rubbish, and other waste incidental to the occupancy
of the dwelling unit; and
(7) With respect to dwelling units supplied by direct public utility connections, supply running water and reasonable amounts of hot water at all times, and
reasonable heat between the first day of October and the last day of April, except where the dwelling unit is so constructed that running
water, heat or hot water is generated by an installation within the exclusive control of the tenant.