West Virginia Residential Lease Agreement
West Virginia leases are legally binding agreements between a landlord and tenant that firmly establish the terms of the arrangement. They’re essential because they remove potential misunderstandings between the parties and serve as guidelines throughout the lease’s length.
Leases should include:
- The address and names of involved parties
- The rent payment amount, due date, any fees for late rent, and acceptable payment methods
- Repair and maintenance responsibilities for the unit and/or common areas
- If any fees during the rental process are non-refundable
Keep reading for a brief overview of landlord-tenant laws, required disclosures, security deposit regulations, and other aspects of residential lease agreements in West Virginia.
West Virginia Lease Agreement
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West Virginia Landlord-Tenant Law
Landlord-tenant laws are state-specific rules and guidelines that govern how renting property works from state to state across the U.S. They set forth regulations related to:
- Security deposits
- Landlord entry rules
- Lease terminations
- How evictions work
- Abandoned tenant property
Landlords should consider using TurboTenant’s West Virginia lease agreement template to ensure it meets all state requirements. You can create a lease in minutes and start your next tenancy right.
Required Landlord Disclosures (2)
In addition to the elements of a lease described above, landlords must also inform the tenant of important information that could affect the rental arrangement. According to the rules surrounding the specific disclosure, landlords should include these disclosures in the lease or provide them as a separate document.
- Lead Paint: Federal law requires landlords to disclose the knowledge or presence of lead-based paint or lead-based paint hazards on any property built before 1978.
- Nonrefundable Fees: All West Virginia lease agreements must include language about non-refundable fees (e.g., application fees) (WV Code § 37-6A-1(14)).
Security Deposit Regulations
Maximum Security Deposit Amount: West Virginia doesn’t limit the amount landlords can charge as a security deposit.
Receipt of Deposit: West Virginia law does not require landlords to provide a security deposit receipt.
Deduction Tracking: Landlords in West Virginia may withhold funds from the security deposit to cover unpaid rent, damages beyond normal wear and tear, unpaid utilities, costs for the removal or storage of a tenant’s belongings, and any other damages. These deductions must be itemized and delivered to the tenant along with the remainder of the security deposit (WV Code § 37-6A-2).
Returning a Tenant’s Security Deposit: Landlords must return security deposits to the tenant within 60 days of the lease expiring.
Landlord’s Access to Property
Advance Notice: No specific West Virginia statute explains how or when a landlord may enter a tenant’s unit. However, there is a legal expectation that landlords will provide reasonable notice that doesn’t interfere with the tenant’s “quiet enjoyment” of the property.
Immediate Access: In an emergency, West Virginia landlords can enter a tenant’s unit without notice.
Landlord Harassment: Landlords who repeatedly enter a tenant’s unit in an unreasonable manner could be held liable for landlord harassment. Tenants may be able to get a court order to stop the behavior, recover the costs of any damages, and possibly cancel the rental agreement.
Rent Payment Laws
Grace Period: West Virginia has no mandatory grace period for rent payments.
Late Rent Fees: In West Virginia, no rules govern the amount landlords can charge for late fees, but the rental agreement should clearly state them.
Tenant’s Right to Withhold Rent: Tenants cannot withhold rent in West Virginia for repairs. However, they may be able to repair and deduct for necessary repairs if the landlord does not address issues within 14 days of receiving notice from the tenant. Tenants can deduct the repair cost from the next rent payment.
Breach of Rental Agreement
Missed Rent Payment: West Virginia landlords are not required to provide any notice before beginning eviction proceedings, so they can immediately file for eviction the day after a tenant misses a rent payment (WV Code § 55-3A-1)
Lease Violation: Landlords in West Virginia are not required to allow a tenant to cure a lease violation, so they can begin the eviction proceedings as soon as the tenant commits the violation (WV Code § 55-3A-1).
Self-Help Evictions: Landlords should never attempt to evict a tenant on their own (a self-help eviction), as self-help evictions are illegal. The landlord could face civil or legal penalties for those actions.
Lease Abandonment: Tenants who break their lease early and without a qualifying condition could be held responsible for the entire rent on the remainder of the lease term. Landlords in West Virginia must make reasonable efforts to find a new tenant, which means the tenant will only be responsible for rent while the unit is vacant (WV Code § 37-6-7).
Ending a Lease
Month-to-Month: Landlords and tenants may end a month-to-month lease with at least one month’s written notice (WV Code § 37-6-5).
Fixed-Term: West Virginia tenants can end their lease early and without penalty if they meet a qualifying condition. These conditions include entering active military duty, domestic violence, uninhabitable living conditions, landlord harassment, or landlord retaliation.
Property Abandonment: Landlords must inform tenants of any personal property left behind and give them 30 days to recover it. If, after 30 days, the tenant has not recovered the property, the landlord may dispose of it. However, if the property’s value exceeds $300, the landlord should give the tenant an additional 30 days to recover it if the tenant makes their intent to retrieve it known (WV Code § 55-3A-3).
Renewing a Lease
Required Renewals: West Virginia landlords are not obligated to renew a tenant’s lease once the term has expired.
Required Notice: Landlords in West Virginia are not required to give advance notice when they do not intend to renew a fixed-term lease. However, month-to-month leases require at least 30 days’ written notice to terminate (WV Code § 37-6-5).
Rent Control & Stabilization
West Virginia has no laws regarding rent control, so landlords are allowed to raise the rent as they see fit. However, landlords must provide 30 days’ notice of the intended increase for month-to-month leases.
West Virginia Lease Agreement FAQs
Does a landlord have to provide a copy of the lease in West Virginia?
Landlords are not legally required to provide a copy of the lease agreement in West Virginia.
What is the grace period for rent in West Virginia?
There is no mandatory grace period for rent in West Virginia.
Can a landlord refuse to renew a lease in West Virginia?
Yes, West Virginia landlords can refuse to renew a lease.
Does a West Virginia lease need to be notarized?
Leases in West Virginia do not have to be notarized; they’re legally enforceable after both parties sign them.
Can you withhold rent for repairs in West Virginia?
Tenants in West Virginia cannot withhold rent for repairs but may be able to repair and deduct for serious issues if the landlord does not remedy them within 14 days of being notified.