West Virginia Supreme Court

State of West Virginia ex Rel., Patrick Morrisey v. Copper Beech Townhome Communities…

October 12, 2017239 W. Va. 741

Summary

The West Virginia Supreme Court answered a certified question, holding that the West Virginia Consumer Credit and Protection Act does not apply to the landlord‑tenant relationship under a residential lease. The Court reasoned that the Act’s debt‑collection and deceptive‑practice provisions are ambiguous and were not intended to regulate residential rental fees. Accordingly, the Court reversed the circuit court’s affirmative answer to the question.

Holding

  • Whether the debt‑collection provisions of the West Virginia Consumer Credit and Protection Act apply to fees charged by a landlord under a residential lease. The debt‑collection provisions (W.Va. Code §§ 46A‑2‑122 to ‑129a) do not apply to and regulate the fees a landlord may charge a tenant pursuant to a residential lease
  • Whether the unfair or deceptive acts or practices provisions of the West Virginia Consumer Credit and Protection Act apply to fees charged by a landlord under a residential lease. The unfair or deceptive acts or practices provisions (W.Va. Code §§ 46A‑6‑101 to ‑106) do not apply to and regulate the fees a landlord may charge a tenant pursuant to a residential lease

Docket 17-0228

Cited authorities

  • 77 W. Va. L. Rev. 401
  • W. Va. Code §§ 37-1-1
  • W. Va. Code §§ 37
  • W. Va. Code § 37
  • W. Va. Code §§ 55-3-1
  • W. Va. Code §§ 55-4-1
  • W. Va. Code §§ 55
  • W. Va. Code §§ 37-15-1

Cited by

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