WEST virginia legislature

2022 regular session

Introduced

Senate Bill 590

By Senators Woelfel, Lindsay, Beach, and Plymale

[Introduced February 07, 2022; referred
to the Committee on the Judiciary]

A BILL to amend and reenact §37-6-5, §37-6A-1, §37-6A-5, of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-3A-1 of said code, all relating generally to clarifying that tenancy includes persons who reside in a sober living home; providing a definition for a “sober living home”; and providing that reasonable attorney’s fees shall be awarded for a landlord’s willful or bad-faith noncompliance relating to rental security deposits when the tenant resides in a sober living home.

Be it enacted by the Legislature of West Virginia:

chapter 37. real property.

article 6. landlord and tenant.

§37-6-5. Notice to terminate tenancy.

(a) A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such the notice is to the tenant, it may be served upon him, or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such the owner, or according to the common law. This section shall may not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall is notice be necessary from or to a tenant whose term is to end at a certain time.

(b) Tenancy includes those persons residing in a sober living home as that term is defined in §37-6A-1 of this code.

article 6a. residential rental security deposits.

§37-6A-1. Definitions.

When used in this article, unless expressly stated otherwise:

(1) “Action” means recoupment, counterclaim, set off or other civil suit and any other proceeding in which rights are determined, including without limitation actions for possession, rent, unlawful detainer, unlawful entry, and distress for rent.

(2) “Application fee” means any deposit of money, however denominated, which is paid by a tenant to a landlord, lessor, or agent of a landlord for the purpose of being considered as a tenant for a dwelling unit.

(3) “Dwelling unit” means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including, but not limited to, a manufactured home.

(4) “Facility” means something that is built, constructed, installed, or established to perform some particular function.

(5) “Landlord” means the owner or lessor of the dwelling unit or the building of which such the dwelling unit is a part. “Landlord” also includes a managing agent of the premises who fails to disclose the name of such the owner or lessor.

(6) “Managing agent” means a person authorized by the landlord to act on behalf of the landlord under a management agreement.

(7) “Notice period” means: (A) (1) within 60 days of the termination of the tenancy; or (B) (2) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.

(8) “Owner” means one or more persons, jointly or severally, in whom is vested:

(A) (1) All or part of the legal title to the property, or

(B) (2) All or part of the beneficial ownership and a right to present use and enjoyment of the premises, and the term includes a mortgagee in possession.

(9) “Person” means any individual, group of individuals, corporation, partnership, business trust, association or other legal entity, or any combination thereof.

(10) “Premises” means a dwelling unit and the structure of which it is a part and facilities and appurtenances therein and grounds, areas and facilities held out for the use of tenants generally or whose use is promised to the tenant.

(11) “Rent” means all money, other than a security deposit, a nonrefundable fee or money paid to the landlord by the tenant for damage caused by the tenant to the dwelling unit, owed or paid to the landlord under the rental agreement.

(12) “Rental agreement” means all agreements, written (including an electronic record as defined by § 39A-1-2(7) of this code) or oral, express, or implied, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises.

(13) “Roomer” means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility, in a structure where one or more major facilities are used in common by occupants of the dwelling unit and other dwelling units. Major facility in the case of a bathroom means toilet, and either a bath or shower, and in the case of a kitchen means refrigerator, stove, or sink.

(14) “Security deposit” means any refundable deposit of money that is furnished by a tenant to a landlord to secure the performance of the terms and conditions of a rental agreement, or as security for damages to the leased premises. Security deposit does not include: (A) Rent; (B) a pet fee; or (C) application fee: Provided, That the parties expressly agree, in writing, that a pet fee or application fee is nonrefundable. A security deposit does not include prepaid rent.

(15) “Sublease” means the transfer by any tenant of any but not all interests created by a rental agreement.

“Sober living home” means an alcohol-free, controlled substance-free, or other similar living environment for individuals attempting to maintain abstinence from alcohol, controlled substances, or other similar arrangement which may include house rules with these terms.

(16) “Tenant” means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and shall include a roomer as well as a person residing in a sober living home.

(17) “Utility” means electricity, natural gas, propane gas, water, sewer, telephone, and cable television provided by a public utility or such other person providing residential utility services. If the rental agreement so provides, a landlord may use submetering equipment or energy allocation equipment, or a ratio utility billing system.

§37-6A-5. Landlord's noncompliance.

(a) If a landlord fails to comply with any of the provisions of this article, and such the noncompliance is willful or not in good faith, the tenant is entitled to a judgment for:

(1) The amount of any unreturned security deposit; and

(2) Damages for annoyance or inconvenience resulting from the landlord's nonconformance equal to one and a half times the amount wrongfully withheld, unless the tenant owes rent to the landlord, in which case, the court shall order an amount equal to any amount awarded to the tenant pursuant to this subsection to be credited against any rent due to the landlord: Provided, That if the tenant is residing in a sober living home, the court shall also award reasonable attorney’s fees.

(b) Jurisdiction for any civil action brought pursuant to this article shall be in magistrate court or circuit court in the county where the residential rental premises or units are located.

(c) This section does not limit rights or remedies available to a landlord or tenant under any other law.

chapter 55. actions, suits, and arbitration; judicial sale

article 3a. remedies for wrongful occupation of residential rental property

§55-3A-1. Petition for summary relief for wrongful occupation of residential rental property.

(a) A person desiring to remove a tenant, including a person residing in a sober living home, from residential rental property may apply for such relief to the magistrate court or the circuit court of the county in which such the property is located, by verified petition, setting forth the following:

(1) That he is the owner or agent of the owner and as such has a right to recover possession of the property;

(2) A brief description of the property sufficient to identify it;

(3) That the tenant is wrongfully occupying such the property in that the tenant is in arrears in the payment of rent, has breached a warranty or a leasehold covenant, or has deliberately or negligently damaged the property or knowingly permitted another person to do so, and describing such arrearage, breach, or act or omission; and

(4) A prayer for possession of the property.

(b) Previous to the filing of the petition the person shall request from the court the time and place at which the petitioner shall be heard. The court shall fix a time for such the hearing, which time shall may not be less than five nor more than 10 judicial days following such the request.

(c) Immediately upon being apprised of the time and place for hearing the petitioner shall cause have a notice of the same to be hearing served upon the tenant in accordance with the provisions of Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested. Such The notice shall inform the tenant that any defense to the petition must shall be submitted in writing to the petitioner within five days of the receipt by the tenant of the notice, and in no case later than the fifth day next preceding the date of hearing. Upon receipt of the return of service or the return receipt as the case may be, evidencing service upon the tenant, the petitioner shall file with the court his petition and such proof of service.

NOTE: The purpose of this bill is to clarify that persons who reside in sober living homes are tenants and provided tenant protections granted by law and provide for reasonable attorney’s fees for willful or bad faith landlord noncompliance when the tenant resides in a sober living home.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.