In a residential lease, the maintenance and repairs necessary to keep the leased premises in a livable (habitable) and safe condition are generally the responsibility of the landlord—unless damages are caused by the negligence or intentional conduct of the tenant or the tenant’s guests. In that case the landlord will likely maintain the right to make the repairs and charge the tenant for the repairs, and not allow the tenant or the tenant’s contractors to make the repairs.

The written lease agreement should address the responsibility for maintenance and repairs and will often prohibit or limit the tenant’s ability to do any maintenance or make any repairs—at least without the written permission of the landlord. One exception may be the tenant’s right to make repairs in an emergency situation to prevent harm to the property or its occupants.

In some limited circumstances a landlord may allow the tenant to maintain and make repairs to the leased premises when the landlord is confident in the tenant's ability to properly maintain the property and make the necessary repairs.

In West Virginia, the landlord is generally responsible for maintaining a residential rental property in a habitable and safe condition. This includes performing necessary repairs that are not due to the tenant's or their guests' negligence or intentional damage. The lease agreement should clearly outline the responsibilities for maintenance and repairs. Typically, tenants are restricted or prohibited from making repairs or alterations without the landlord's written consent. However, in emergency situations where immediate repairs are necessary to prevent harm, a tenant may have the right to act to protect the property or its occupants. In certain cases, a landlord might permit a tenant to undertake maintenance and repairs if they trust the tenant's capability to do so properly. It's important for both landlords and tenants to understand their rights and obligations under West Virginia law and the specific terms of their lease agreement.