SER Patrick Morrisey, Attorney General v. Copper Beech Townhome Communities

Justice Ketchum:

In this matter we address whether our consumer credit protection statute applies to and regulates the relationship between a landlord and tenant under a lease for residential real property. The Circuit Court of Kanawha County certified a question to this Court to resolve this issue.

Ater thorough review, we find that our consumer credit protection statute does not regulate the residential rental fees a landlord may charge pursuant to a residential lease. We therefore answer the certified question in the negative.

I. FACTUAL AND PROCEDURAL BACKGROUND

The relevant facts of this…