West Virginia Mold Law: Tenant Rights, Disclosure & Insurance
Does West Virginia license mold work?
No West Virginia mold assessor/remediator licensing or certification program was located in the W. Va. Code. Absence-of-evidence finding.
Habitability: what landlords must provide
Both statutory and common law, and MOLD IS NOT NAMED in either. Statute: W. Va. Code 37-6-30 - '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 condition,' and shall maintain electrical, plumbing, sanitary, heating, ventilating and air-conditioning systems 'in good and safe working order and condition.' Common law: Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979), implied warranty 'that the landlord shall 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 condition.' Mold claims must be routed through 'fit and habitable' or through the ventilation/plumbing duties. (W. Va. Code 37-6-30; Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979))
Notice and repair timeline
not specified - W. Va. Code 37-6-30 imposes a continuing maintenance duty but I found no statutory notice-and-cure day count for repairs. Timing is governed by the common-law reasonableness standard under Teller v. McCoy.
Tenant remedies
NO rent-withholding-into-escrow statute and NO repair-and-deduct in West Virginia. Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979) held the warranty of habitability and the covenant to pay rent are mutually dependent and allowed: (1) vacating the premises and terminating the rent obligation for material breach; (2) asserting breach as a DEFENSE to an unlawful detainer/eviction action; (3) damages measured by the difference between fair rental value as warranted and value in the defective condition, plus annoyance and inconvenience; (4) offsetting damages against rent owed. The court EXPRESSLY REJECTED a repair-and-deduct remedy, finding existing contract remedies adequate. Constructive eviction: common-law doctrine, not separately verified here.
Selling a home: mold disclosure
No West Virginia statutory residential property condition disclosure act was located. The duty is common-law: Thacker v. Tyree, 297 S.E.2d 885 (W. Va. 1982) - a seller who knows of defects or conditions substantially affecting the property's value or habitability, unknown to the buyer and not discoverable by reasonable inspection, must disclose them; failure states a cause of action (the court reversed a caveat emptor summary judgment). Known, concealed mold would fall within that rule, though no West Virginia case applying Thacker to mold was identified. (Thacker v. Tyree, 297 S.E.2d 885 (W. Va. 1982); no disclosure statute identified)
Deadlines to bring a claim
W. Va. Code 55-2-12: personal actions not otherwise provided for must be brought 'within two years next after the right to bring the same shall have accrued, if it be for damage to property' and 'within two years next after the right to bring the same shall have accrued if it be for damages for personal injuries,' with a one-year catch-all for other actions that would not survive at common law. Mold PI = 2 years; mold property damage = 2 years.
Insurance treatment of mold
No West Virginia statute, rule, or Offices of the Insurance Commissioner informational letter on mold coverage caps or fungi exclusions was located. Unverified.
Leading cases
Teller v. McCoy, 253 S.E.2d 114 (W. Va. 1979) (Docket CC900, Feb. 21, 1979) - adopts the implied warranty of habitability, makes it mutually dependent with the rent covenant, sets the damages measure, and rejects repair-and-deduct; the controlling framework for any West Virginia mold habitability claim. Thacker v. Tyree, 297 S.E.2d 885 (W. Va. 1982) (Docket 15232, Nov. 19, 1982) - vendor's duty to disclose latent material defects, the route for a mold nondisclosure claim against a seller. No West Virginia appellate decision specifically on mold identified.