West Virginia

West Virginia Simple (Basic) Lease Agreement

West Virginia maintains no rent control laws. Consequently, landlords have freedom to set rental rates as they see fit in their lease agreements. Additionally, the state establishes no limits on late fees. Landlords can include late fees in their rental contracts. Moreover, West Virginia provides no grace period for late rent payments. Landlords don’t need licenses to rent properties with lease agreements.

Required Disclosures in West Virginia Lease Agreements

West Virginia landlords must include specific disclosures in their rental contracts:

Lead Paint Disclosures for Lease Agreements

Lead-Paint Disclosure: Properties built before 1978 require landlords to inform tenants about potential lead-based paint presence. This hazardous material can affect tenant health. Therefore, West Virginia lease agreements must include this disclosure within or attached to rental contracts.

Fee Disclosures in Rental Contracts

Notice of Non-Refundable Deposit: West Virginia lease agreements must clearly disclose any non-refundable fees. Consequently, this transparency prevents disputes about deposit expectations in rental contracts.

West Virginia Lease Agreement Security Deposit Rules

West Virginia law imposes no maximum limits on security deposits in lease agreements. Additionally, landlords don’t need to provide receipts or pay interest on these deposits. Moreover, they don’t need to hold deposits in separate bank accounts for rental contracts.

Security Deposit Return Process

Landlords must return security deposits within 60 days after lease conclusion. However, they may deduct amounts for damages or other charges from deposits. Furthermore, West Virginia lease agreements require landlords to provide itemized lists of these deductions.

Meanwhile, landlords consider monies withheld for repairs or cleaning due to excessive wear non-refundable under rental contracts.

Rent Payment Terms in West Virginia Lease Agreements

Rental contracts specify due dates for rent payments. Typically, rent comes due at the beginning of rental periods. Additionally, no state-imposed rent control laws exist. Therefore, landlords can set rental rates freely in their lease agreements.

Late Fee Regulations and Notice Requirements

West Virginia establishes no maximum late fees by law in lease agreements. Consequently, landlords may issue immediate notices to quit for rent non-payment. However, tenants don’t have rights to withhold rent due to landlord repair failures under rental contracts.

Landlord Entry Rights in West Virginia Lease Agreements

West Virginia doesn’t require landlords to provide prior notice before entering rental properties. However, landlords cannot lock tenants out under lease agreements. Therefore, this action would constitute self-help eviction, which violates tenant rights in rental contracts.

Property Maintenance Responsibilities in West Virginia Lease Agreements

West Virginia establishes specific maintenance duties that affect all rental contracts in the state.

Landlord Maintenance Duties Under Lease Agreements

Landlords must deliver rental units in fit and habitable conditions according to their lease agreements. Furthermore, property owners must maintain properties according to applicable housing codes. Additionally, they must comply with fire, safety, and health regulations in rental contracts.

Tenant Maintenance Obligations in Rental Contracts

While West Virginia doesn’t explicitly define tenant responsibilities by state law, rental contracts generally expect certain behaviors. Tenants must keep units safe and dispose of trash properly. Moreover, they must avoid disturbing neighbors and use utilities responsibly under lease agreements.

Non-Compliance Consequences

When tenants fail to maintain utilities, landlords may issue immediate notices to quit for non-compliance. Therefore, West Virginia lease agreements protect landlord rights in these situations.

Terminating West Virginia Lease Agreements

West Virginia requires specific procedures for lease termination depending on tenancy types.

Month-to-Month Tenancy Termination

Landlords must provide 30-day notices to terminate month-to-month lease agreements. Therefore, this notice period protects tenant rights during tenancy changes.

Abandoned Property Procedures Under Lease Agreements

When tenants leave personal property behind, landlords must notify them about unclaimed items. Furthermore, West Virginia lease agreements allow landlords to claim unclaimed property ownership if tenants don’t affirm ownership within 30 days.

Statutes

• W.Va. Code § 37-6A-1(14) – Security Deposit
• W.Va. Code § 37-6A-1(7) – Deadline for Returning Security Deposit
• W.Va. Code § 37-6A-2(a) – Requirement for Written Description/Itemized List of Damages and Charges
• W.Va. Code § 37-6A-2(b) – Permitted Uses of the Security Deposit
• W.Va. Code § 37-6A-2(c) – Extension of Security Deposit Return Deadline for Repairs
• W.Va. Code § 37-6A-3 – Record Keeping of Deposit Withholdings
• W.Va. Code § 37-6A-5 – Penalties for Failure to Comply with Security Deposit Return
• W.Va. Code § 37-6-7 – Reletting by landlord
• W.Va. Code § 37-6-8 – Tenant’s right to recover possession
• W.Va. Code § 37-6-5 – Notice to terminate tenancy
• W.Va. Code § 55-3A-1 – Petition for summary relief for wrongful occupation of residential rental property
• W.Va. Code § 37-6-30 – Landlord to deliver premises; duty to maintain premises in fit and habitable condition
• W.Va. Code § 37-6-6(c) – Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice
• W.Va. Code § 50-2-1 – Civil jurisdiction
• W.Va. Code § 55-2-6 – Actions to recover on award or contract other than judgment or recognizance
• W. Va. Code § 48-5-509 – Enjoining abuse, emergency protective order.

Understanding West Virginia lease agreement requirements helps landlords and tenants navigate rental relationships successfully. Moreover, this knowledge ensures compliance with state regulations while protecting respective rights.