- Associated Press - Thursday, October 12, 2017

CHARLESTON, W.Va. (AP) - West Virginia’s top court says state consumer protection law doesn’t regulate the residential rental fees landlords charge under their leases.

In a case brought by the state attorney general in 2015 against Copper Beach Townhome Communities Twenty Six LLC, the Supreme Court says the laws against deceptive practices and debt collection don’t apply.

Attorney General Patrick Morrisey alleged the law is violated by fees in that landlord’s leases for redecorating, debt collection, dishonored checks, multiple checks, written receipts, late payments and attorneys.

Justice Menis Ketchum writes the only provision of the 1974 law specifically mentioning “the rental of space to be occupied for residential purposes” requires leases in plain language.

Since those rentals aren’t specifically cited in other provisions, he concludes the Legislature didn’t intend that they apply.

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