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HB 2828

Relating to landlord and tenant

2025 Regular Session Introduced by Kayla Young

House Bill 2828 protects West Virginia tenants from retaliation for calling emergency services and allows lease termination without penalty for those facing imminent violence.

To House Judiciary
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Bill Summary · HB 2828

Summary of House Bill 2828: Relating to Landlord and Tenant

Bill Information:
- Bill Number: HB 2828
- Title: Relating to landlord and tenant
- Status: To House Judiciary
- Introduced: February 24, 2025
- Classification: Bill
- Subject: Real and personal property
- Sponsor: Delegate Young (Primary)

Purpose and Intent

House Bill 2828 aims to enhance the rights of residential tenants in West Virginia, particularly in situations involving domestic violence and other forms of violence. The bill seeks to ensure that tenants can contact emergency services without fear of retaliation from landlords and provides a clear process for terminating leases when tenants face imminent threats of violence.

Key Provisions

The bill introduces a new article to the Code of West Virginia, specifically addressing tenant rights under the following sections:

1. Tenant's Right to Seek Police and Emergency Services (§37-6B-1)

  • Protection Against Retaliation: Landlords cannot bar tenants from calling police or emergency services in response to unlawful conduct, nor can they impose penalties for such calls.
  • Civil Action: Tenants can sue landlords for violations, with potential damages of $1,000 or actual damages, plus attorney's fees.
  • Preemption of Local Ordinances: The bill preempts any local laws that would penalize tenants for calling emergency services.

2. Right of Victims of Violence to Terminate Lease (§37-6B-2)

  • Lease Termination Without Penalty: Tenants can terminate their lease if they fear imminent violence due to domestic violence, criminal sexual conduct, sexual extortion, or stalking.
  • Notice Requirements: Tenants must provide written notice to landlords, including details about the imminent threat and a request for lease termination.
  • Confidentiality: Landlords are prohibited from disclosing any information related to the tenant's notice or the circumstances leading to the lease termination.
  • Responsibility for Rent: Tenants are responsible for rent only for the month in which they terminate the lease; they are relieved of further obligations.

Who Would Be Affected

  • Residential Tenants: The bill directly benefits tenants facing violence or threats, providing them with legal protections and options to ensure their safety.
  • Landlords: Landlords must adapt to new regulations regarding tenant rights and cannot retaliate against tenants for seeking help from law enforcement.

Procedural and Timeline Aspects

  • Introduced on February 24, 2025: The bill was filed and referred to the House Judiciary Committee on the same day.
  • Potential for Civil Action: Tenants may pursue legal action against landlords for violations of their rights under this bill.

Conclusion

House Bill 2828 represents a significant step toward protecting the rights of tenants in West Virginia, particularly those affected by violence. By ensuring that tenants can seek emergency assistance without fear of repercussions and providing a clear process for lease termination in dangerous situations, the bill aims to foster safer living environments for vulnerable individuals.

Compiled from official sources — confirm details with the bill’s official record.

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