West Virginia
A West Virginia lease agreement is a legally binding contract between a landlord and a tenant, structured according to the state’s landlord-tenant laws. This document outlines the terms of rental, including the rights and responsibilities of both parties.
SimpleBasicLease_West-Virginia
Rental Lease Laws Overview
In West Virginia, there are no rent control laws, and landlords have the freedom to set rental rates as they see fit. There is also no established limit on late fees, and landlords can include late fees in the rental agreement. The state does not provide a grace period for late rent payments, and landlords are not required to have a license to rent properties.
Required Lease Disclosures
Landlords in West Virginia must include specific disclosures in lease agreements:
- Lead-Paint Disclosure: For properties built before 1978, landlords must inform tenants about the potential presence of lead-based paint, which can be hazardous to health. This disclosure must be included within or attached to the lease agreement.
- Notice of Non-Refundable Deposit: Any fees that are non-refundable must be clearly disclosed in the lease.
Security Deposit
West Virginia law does not impose a maximum limit on security deposits. Landlords are not required to provide receipts or pay interest on these deposits, nor must they hold them in a separate bank account. Upon the lease’s conclusion, landlords must return the security deposit within 60 days. They may deduct amounts for damages or other charges, provided they give an itemized list of these deductions. Monies withheld for repairs or cleaning due to excessive wear and tear are considered non-refundable.
Rent Payments
The lease agreement specifies the due date for rent payments, which is typically at the beginning of the rental period. There are no state-imposed rent control laws, allowing landlords to set rental rates freely. Additionally, there is no maximum late fee established by law, and landlords may issue an immediate notice to quit for non-payment of rent. Tenants do not have the right to withhold rent due to a landlord’s failure to make repairs.
Landlord Right of Entry
Landlords in West Virginia are not required to provide prior notice before entering a rental property. However, they cannot lock tenants out, as this would be considered a self-help eviction.
Property Repairs
Landlords are responsible for delivering the rental unit in a fit and habitable condition and must maintain the property according to applicable housing, fire, safety, and health codes. While tenant responsibilities are not explicitly defined by state law, tenants are generally expected to keep the unit safe, dispose of trash properly, avoid disturbing neighbors, and use utilities responsibly. If a tenant fails to maintain utilities, the landlord may issue an immediate notice to quit for non-compliance.
Terminating a Lease
For month-to-month tenancies, landlords must provide a 30-day notice to terminate the lease. If a tenant leaves personal property behind, landlords must notify them that any unclaimed property will become the landlord’s property if the tenant does not 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
FAQs
In West Virginia, landlords must provide a lead-based paint disclosure for properties built before 1978 and disclose any non-refundable deposits in the lease agreement.
West Virginia law does not impose a maximum limit on security deposits, allowing landlords to set the amount as they see fit.
A landlord in West Virginia must return a tenant’s security deposit within 60 days after the lease ends, minus any deductions for damages or other charges.
Yes, in West Virginia, landlords are not required to give prior notice before entering a rental property.
West Virginia does not establish a maximum late fee for rental agreements, and there is no grace period for late rent payments.
To terminate a month-to-month lease in West Virginia, a landlord must provide a 30-day notice to the tenant.
Landlords in West Virginia are required to deliver rental units in a fit and habitable condition and maintain the property according to applicable housing, fire, safety, and health codes.
If a tenant leaves personal property behind, the landlord must notify the tenant that the property will become the landlord’s if not claimed within 30 days.