West Virginia Lease Agreement

Understanding West Virginia Lease Agreement Requirements

State Legal Framework

West Virginia landlord tenant law provides the foundation for all residential rental agreements in the state. West Virginia Code Chapter 37, Article 6 establishes rights and responsibilities for both parties. West Virginia maintains one of the most landlord-friendly legal environments in the nation, with minimal statutory requirements and streamlined procedures. The state does not have a comprehensive residential landlord-tenant act like many other states, relying more on common law principles and basic statutory provisions. West Virginia does not impose rent control, allowing landlords significant flexibility in setting rental rates and lease terms. The West Virginia rental lease agreement becomes enforceable when both parties sign the document, creating mutual obligations that govern the entire landlord-tenant relationship under West Virginia law.

Written Agreement Standards

West Virginia does not legally require written lease agreements for tenancies under one year. However, creating a written residential lease agreement West Virginia landlords can reference provides essential documentation and legal protection. Given West Virginia’s limited statutory framework, written agreements become particularly important for establishing clear terms and expectations.

Essential Elements of a West Virginia Lease Agreement

Parties and Property Identification

Complete Party Information Every West Virginia lease agreement template should identify all parties involved in the rental arrangement. Required information includes:

• Full legal names of all landlords or property managers
• Full legal names of all adult tenants
• Complete property address including unit numbers
• Legal property description when applicable

Accurate identification prevents confusion about who holds rights and responsibilities under the agreement.

Lease Term and Duration

Fixed-Term Agreements Fixed-term leases establish specific start and end dates for tenancies. Most West Virginia rental contracts run for 12-month periods, though landlords can create agreements for any duration. Fixed-term leases provide stability for both parties and establish clear expectations about tenancy length.

Month-to-Month Arrangements Month-to-month rental agreements offer flexibility for landlords and tenants who prefer shorter commitments. These arrangements automatically renew each month until either party provides proper termination notice. West Virginia requires one month written notice to terminate month-to-month tenancies.

Rent Payment Terms

Payment Obligations West Virginia lease agreements must clearly state rent payment requirements including:

• Monthly rent amount
• Payment due date
• Accepted payment methods
• Where tenants should submit payments
• Grace period provisions (if offered)

West Virginia law does not mandate a specific grace period for rent payments. Landlords should clearly specify any grace period terms in lease agreements.

Late Fee Provisions West Virginia does not impose statutory caps on late fee amounts, allowing landlords to set penalties for overdue rent according to lease terms. Late fee policies should appear clearly in the rental agreement West Virginia tenants receive. Including specific late fee amounts and assessment dates prevents disputes.

Security Deposit Requirements in West Virginia

Deposit Limits and Handling

No Statutory Cap West Virginia places no legal limit on security deposit amounts. Landlords can request deposits based on property value, rental rates, and risk assessment. Most landlords collect deposits equal to one or two months rent, though higher amounts are legally permissible.

No Separate Account Requirements West Virginia does not require landlords to hold security deposits in separate escrow accounts or pay interest on deposited funds. Landlords have flexibility in managing deposit funds while maintaining proper records.

Return Procedures

60-Day Timeline West Virginia landlords must return security deposits within 60 days after tenants vacate properties. This is one of the longer return periods in the nation. The timeline applies to both the deposit return and any required itemized statements of deductions.

Itemization Requirements While West Virginia law is less detailed than many states, best practices include providing a written itemized statement of deductions describing:

• Each item of damage claimed
• Actual cost of repairs
• Any unpaid rent or charges

Allowable Deductions Landlords can deduct from security deposits for:

• Unpaid rent
• Damage beyond normal wear and tear
• Costs to restore property to move-in condition
• Cleaning costs
• Unpaid utility charges
• Other charges authorized in the lease agreement

Providing itemized deduction statements with remaining deposit balances prevents tenant disputes.

Wrongful Withholding Consequences

West Virginia landlords who wrongfully withhold security deposits may face legal action from tenants. If a landlord fails to return the deposit within 60 days, the tenant may recover the deposit amount owed through civil court action. Landlords should document property condition thoroughly and provide timely itemized statements.

Required Disclosures for West Virginia Rental Agreements

Lead-Based Paint Disclosure

Federal law mandates lead-based paint disclosures for all rental properties built before 1978. West Virginia landlords must provide:

• Written disclosure of known lead-based paint presence
• EPA pamphlet “Protect Your Family from Lead in Your Home”
• Ten-day opportunity for lead inspection
• Signed acknowledgment of disclosure receipt

Failure to provide proper lead disclosures exposes landlords to significant federal penalties.

Owner/Agent Identification

West Virginia landlords should disclose:

• Name and address of the property owner
• Name and address of any person authorized to manage the property
• Name and address of person authorized to receive notices and demands

This information should be provided in the lease agreement or separately at the beginning of tenancy.

Mold Disclosure

West Virginia does not mandate specific mold disclosures. However, landlords should consider:

• Disclosing known mold problems as a best practice
• Addressing mold prevention in lease terms
• Responding promptly to tenant mold reports

Given West Virginia’s humid climate, mold prevention is particularly important.

Bed Bug Disclosure

West Virginia does not require specific bed bug disclosures. Best practices include:

• Disclosing known infestation history
• Establishing reporting procedures in lease terms
• Clarifying treatment responsibilities

Methamphetamine Disclosure

West Virginia does not have specific statutory requirements for methamphetamine disclosure, but landlords should consider disclosing known contamination history as a best practice.

Flood Zone Disclosure

While not strictly required, West Virginia landlords should consider disclosing flood zone status given the state’s history of significant flooding, particularly in river valleys.

Radon Disclosure

West Virginia does not mandate radon disclosure but recommends it as a best practice. Some areas of West Virginia have elevated radon levels.

Landlord and Tenant Rights Under West Virginia Law

Landlord Obligations

Implied Warranty of Habitability West Virginia courts have recognized an implied warranty of habitability requiring landlords to maintain rental properties. While not as detailed as states with comprehensive landlord-tenant acts, landlords should:

• Comply with applicable building and housing codes affecting health and safety
• Make repairs necessary to keep premises fit and habitable
• Keep common areas clean and safe
• Maintain electrical, plumbing, sanitary, heating, and ventilating systems
• Provide running water and reasonable amounts of hot water
• Provide adequate heat
• Maintain working smoke detectors
• Maintain weathertight conditions
• Provide secure locks on exterior doors

Landlords should make repairs within a reasonable time after receiving notice from tenants.

Property Access Rights West Virginia does not specify statutory notice requirements for landlord entry. However, lease agreements should include reasonable entry provisions specifying:

• Notice period before entry (commonly 24 hours)
• Permissible entry purposes
• Emergency access provisions
• Reasonable hours for entry

Including clear entry provisions protects both parties and establishes expectations.

Tenant Responsibilities

Property Care Standards Tenants must maintain rental units according to lease terms and common law obligations including:

• Keeping the property clean and sanitary
• Using fixtures and appliances properly
• Not deliberately or negligently destroying property
• Not disturbing neighbors’ peaceful enjoyment
• Complying with lease provisions
• Paying rent on time
• Allowing reasonable landlord access
• Not using the premises for illegal purposes

Lease Termination and Eviction Procedures

Voluntary Termination

Notice Requirements West Virginia termination notice requirements depend on lease type:

• Fixed-term leases end automatically on specified dates
• Month-to-month tenancies require one month written notice
• Week-to-week tenancies require one week written notice
• Year-to-year tenancies require three months written notice

Including clear termination procedures in lease agreements prevents misunderstandings about proper notice protocols.

Eviction Processes

West Virginia uses unlawful entry and detainer actions for evictions.

Nonpayment of Rent West Virginia landlords can begin eviction proceedings when tenants fail to pay rent. The process is relatively quick:

• No statutory notice period required before filing (landlord may file immediately)
• Filing unlawful detainer action in magistrate court
• Court hearing (typically within 10 days)
• Judgment and writ of possession
• Physical removal by sheriff

West Virginia is notable for not requiring a notice period before filing eviction for nonpayment.

Lease Violations Landlords can pursue eviction for material lease violations:

• Notice as specified in lease terms (or reasonable notice)
• Court filing after notice period
• Court proceedings and judgment

Holdover Tenants For tenants remaining after lease expiration:

• Landlord may file for eviction immediately
• Court proceedings for unlawful detainer

Retaliatory Eviction Protections

West Virginia provides limited statutory protection against retaliatory evictions. Landlords should still avoid:

• Evicting tenants solely for reporting code violations
• Retaliating against tenants for exercising legal rights

Creating an Effective West Virginia Lease Agreement

Documentation Best Practices

Comprehensive Terms Given West Virginia’s limited statutory framework, strong lease agreements become particularly important. Include provisions addressing:

• Pet policies and deposits
• Guest and occupancy limits
• Maintenance responsibilities (clearly allocated)
• Utility payment assignments
• Utility responsibility during vacancy
• Parking and storage rules
• Noise and conduct standards
• Renewal and termination procedures
• Entry notice procedures
• Snow removal responsibilities
• Heating fuel responsibilities
• Flood damage provisions
• Property condition documentation

Professional Templates Using a West Virginia lease agreement template ensures contracts include all necessary elements. Given West Virginia’s reliance on lease terms rather than statute, comprehensive lease agreements are essential for protecting landlord interests.

Tenant Screening Integration

Application Procedures Thorough tenant screening before lease signing helps landlords select reliable tenants. Screening should include:

• Credit history review
• Employment and income verification
• Rental history and references
• Background checks where permitted

West Virginia does not prohibit source of income discrimination. Documenting screening criteria and applying standards consistently protects landlords from discrimination claims.

West Virginia-Specific Considerations

Charleston Metro Area

The Charleston metropolitan area is West Virginia’s largest:

• State capital and largest city
• State government employment base
• University of Charleston area
• Kanawha River valley flooding considerations
• Chemical industry employment
• Diverse neighborhoods
• Most active rental market in state

Morgantown Area

Morgantown presents unique rental dynamics:

• West Virginia University dominates rental market
• High student rental demand
• Academic year lease cycles
• Game day considerations (WVU football)
• Young demographic profile
• Limited housing supply relative to demand

Huntington Area

Huntington offers distinct characteristics:

• Marshall University student market
• Ohio River flooding considerations
• Tri-state area (WV, OH, KY)
• Healthcare sector employment
• More affordable rental rates

Wheeling Area

Northern Panhandle presents different dynamics:

• Ohio Valley location
• West Liberty University proximity
• Cross-border considerations (Ohio, Pennsylvania)
• Older housing stock
• Industrial heritage

Eastern Panhandle

The Eastern Panhandle has experienced growth:

• Martinsburg, Charles Town, Shepherdstown
• Washington D.C. commuter market
• Shepherd University student rentals
• MARC train access to D.C.
• Higher rental rates than rest of state
• Growing population

Flooding Considerations

West Virginia has significant flood exposure:

• River valley flooding (Kanawha, Ohio, Elk rivers)
• Flash flooding in mountain areas
• Historic flood events (2016 floods)
• Disclosure of flood zone locations recommended
• Flood insurance considerations
• Basement and ground floor water intrusion
• Lease provisions for flood damage

Coal and Energy Industry Impact

West Virginia’s traditional industries affect rentals:

• Coal industry employment fluctuations
• Natural gas and fracking workforce
• Temporary worker housing needs
• Economic cycles affecting vacancy rates
• Company housing transitions

College Town Rentals

West Virginia has college student rental markets:

• West Virginia University (Morgantown)
• Marshall University (Huntington)
• Shepherd University (Shepherdstown)
• West Liberty University
• Fairmont State University
• Concord University (Athens)
• Glenville State University
• Bluefield State University

Landlords in college areas should consider:

• Academic year lease terms
• Parental guarantor requirements
• Move-in/move-out timing around semesters
• Multiple roommate arrangements
• Summer subletting provisions
• Game day and special event considerations

Mountain Terrain Considerations

West Virginia’s geography creates unique considerations:

• Steep terrain and access issues
• Hillside property stability
• Road access in winter weather
• Remote property challenges
• Well water and septic systems common
• Limited cell service in some areas

Winter Weather Provisions

West Virginia winters create rental considerations:

• Snow and ice removal responsibilities
• Heating system maintenance requirements
• Pipe freezing prevention
• Emergency heating failure procedures
• Heating fuel responsibilities (natural gas, propane, fuel oil, coal)
• Driveway and walkway maintenance (challenging terrain)
• Mountain road access issues

Lease agreements should clearly assign winter maintenance duties.

Heating Fuel Considerations

West Virginia’s varied heating sources create considerations:

• Natural gas availability varies
• Propane tank provisions
• Heating oil delivery
• Coal and wood heat in some areas
• Fuel assistance program awareness
• Heating cost disclosures

Rural Property Considerations

Much of West Virginia is rural:

• Well water and septic system disclosures
• Dirt road access and maintenance
• Remote property access (especially in winter)
• Limited rental inventory in rural areas
• Agricultural property provisions
• Hunting lease considerations

Manufactured Housing

West Virginia has significant manufactured housing:

• Higher percentage than most states
• Lot rental considerations
• Community rules and enforcement
• Title and registration requirements
• Flood zone considerations for manufactured homes
• Tie-down and anchoring in flood areas

HOA and Condominium Rentals

Some West Virginia rentals occur within associations:

• Association approval requirements
• Tenant compliance with community rules
• Rental restrictions possible
• Application processes and fees

Landlords should verify HOA rental policies before marketing properties.

Short-Term and Vacation Rentals

West Virginia has tourism-driven rental opportunities:

• New River Gorge area (National Park)
• Ski resort areas (Snowshoe, Canaan Valley)
• White water rafting corridor
• State park proximity
• Seasonal rental patterns
• Local regulations vary

Historic Properties

West Virginia has historic housing in some areas:

• Historic preservation considerations
• Older electrical and plumbing systems
• Lead paint prevalence (pre-1978)
• Unique maintenance challenges

Military Considerations

West Virginia has limited military presence but:

• Servicemembers Civil Relief Act (SCRA) protections apply
• West Virginia National Guard activations
• Eviction protections during active duty
• Eastern Panhandle proximity to D.C. military

Cannabis Considerations

West Virginia has a medical cannabis program:

• Medical marijuana for qualifying patients
• Recreational cannabis remains illegal
• Landlords can prohibit smoking in lease agreements
• Growing prohibited for patients
• Federal housing programs maintain prohibitions

Opioid Crisis Considerations

West Virginia has been significantly affected by the opioid crisis:

• Drug-free housing provisions
• Lease provisions regarding illegal activity
• Eviction rights for drug activity
• Community safety considerations

Utility Provisions

West Virginia’s varied infrastructure affects utilities:

• Public water vs. well water
• Public sewer vs. septic systems
• Natural gas availability varies
• Electric cooperative service in rural areas
• Utility deposit requirements

Tourism Growth

West Virginia’s tourism is growing:

• New River Gorge National Park designation
• Adventure tourism (rafting, climbing, skiing)
• Seasonal workforce housing
• Vacation rental opportunities
• Local short-term rental regulations emerging

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	Landlords are allowed to collect a security deposit equal to a maximum of two months’ rent at the time of signing the lease agreement. W. Va. Code § 37-6A-2
Security Deposit Interest:	No statute.
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	Non-refundable pet and application fees are permitted if both the landlord and tenant agree in writing that the fees are non-refundable. W. Va. Code § 37-6A-1
Pet Deposits and Additional Fees:	Non-refundable pet and application fees are permitted if both the landlord and tenant agree in writing that the fees are non-refundable. W. Va. Code § 37-6A-1
Deadline for Returning Security Deposit:	Landlords must return a tenant’s security deposit within 60 days after the end of the tenancy or within 45 days of the new tenant’s occupancy, whichever is sooner. W. Va. Code § 37-6A-1(7)
Permitted Uses of the Deposit:	Landlords are permitted to withhold specific amounts from a tenant’s security deposit to cover the following: – Unpaid Rent: Any outstanding rent due, including reasonable late fees outlined in the rental agreement. – Damage Repairs: Costs associated with repairs due to the tenant’s noncompliance with lease terms, excluding normal wear and tear. – Unpaid Utilities: Amounts for utility bills that the landlord paid but were the tenant’s responsibility according to the lease. -Removal and Storage of Personal Property: Expenses for removing and storing the te nant’s belongings, if necessary. -Other Repairs and Third-Party Services: Costs to fix additional damages outlined in the lease, including charges for third-party repairs of tenant-caused damages. This statute provides landlords with clear guidance on eligible deductions, ensuring deductions are consistent with agreed-upon terms in the lease. W. Va. Code § 37-6A-2(b)
Security Deposit can be Withheld:	If the property has sustained damage beyond normal wear and tear which requires a third-party contractor’s involvement, the landlord must notify the tenant in writing within the original deadline (60 days or 45 days). Following this notice, landlords have an additional 15 days to provide an itemized statement detailing the damage and associated repair costs. W. Va. Code § 37-6A-2(c)
Require Written Description/Itemized List of Damages and Charges:	If the property has sustained damage beyond normal wear and tear which requires a third-party contractor’s involvement, the landlord must notify the tenant in writing within the original deadline (60 days or 45 days). Following this notice, landlords have an additional 15 days to provide an itemized statement detailing the damage and associated repair costs. W. Va. Code § 37-6A-2(c)
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	Deposit withholdings records must be kept for one year after the conclusion of the tenancy. The landlord must allow the tenant or tenant’s authorized agent (or attorney) to inspect the records within 72 hours of a written request. W. Va. Code § 37-6A-3
Failure to Comply:	If a landlord intentionally fails to return the security deposit as required, a tenant may take legal action to recover any unreturned portion of the deposit. The tenant may also be eligible for damages up to one and a half times the amount that was wrongfully withheld. In cases where the tenant still has outstanding rent owed to the landlord, the court may apply any awarded amount toward that unpaid rent. This statute provides tenants with a measure of recourse and aims to discourage landlords from improperly withholding security deposits. W. Va. Code § 37-6A-5

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	No statute.
Payment Methods:	No statute.
Rent Increase Notice:	No statute.
Late Fees:	Late fees are allowed, though they must be specificied in the lease. W. Va. Code § 37-6A-2
Application Fees:	No statute.
Prepaid Rent:	No statute.
Returned Check Fees:	Returned check fee is $25.00 per returned check. W. Va. Code § 61-3-39
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	No statute.
Tenant Allowed to Repair and Deduct Rent:	No statute.
Self-Help Evictions:	No statute.
Landlord Allowed to Recover Court and Attorney’s Fees:	No statute.
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	When a tenant abandons a lease, the landlord has two options regarding the lease agreement: Hold the Tenant Liable for the Remainder of the Lease: The landlord may choose to hold the tenant responsible for continuing to pay rent for the remainder of the lease term. In this case, the tenant remains liable for all rent due for the entire lease period. Attempt to Re-Rent the Property: Otherwise, the landlord can notify the tenant of their intent to re-rent the premises. If the landlord successfully re-rents the property to a new tenant, the original tenant remains liable for any unpaid rent up to the time of re-rental. Additionally, if the new tenant pays less rent than the original tenant, the original tenant is responsible for covering the difference. In both scenarios, if the landlord decides to hold the tenant responsible for the lease, the tenant has the right to reclaim possession of the property by paying any overdue rent and fulfilling other obligations specified in the lease agreement.

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	Three months’ written notice is required, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate a Periodic Lease – Month-to-Month:	One month’s written notice is required from the day the rent payment is due, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate a Periodic Lease – Week-to-week:	One week’s written notice is required from the day the rent payment is due, unless a different period of notice is agreed to by both parties in writing. W. Va. Code § 37-6-5
Notice to Terminate Lease due to Sale of Property:	Typically, a 30-day notice to terminate a lease for reasons such as the sale of property is required, unless the lease agreement specifies otherwise. W. Va. Code § 37-6-5
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Landlords have the right to file for eviction immediately without notice. Once the circuit court sets a hearing date, the landlord is required to notify the tenant in writing of the hearing. W. Va. Code § 55-3A-1
Notice for Lease Violation:	Landlords have the right to file for eviction immediately without notice. Once the circuit court sets a hearing date, the landlord is required to notifiy the tenant in writing of the hearing. W. Va. Code § 55-3A-1
Required Notice before Entry:	No statute, though reasonable notice of at least 24 hours is recommended.
Entry Allowed with Notice for Maintenance and Repairs:	No statute, though reasonable notice of at least 24 hours is recommended.
Emergency Entry Allowed without Notice:	No statute.
Entry Allowed During Tenant’s Extended Absence:	No statute.
Entry Allowed with Notice for Showing the Property:	No statute, though reasonable notice of at least 24 hours is recommended.
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Lockouts are not allowed. Landlords must follow the procedures for eviction. W. Va. Code § 55-3A-1
Utility Shut-offs Allowed:	Utility shut-offs are not allowed. Landlords must follow the procedures for eviction. W. Va. Code § 55-3A-1
Electronic Notices Allowed:	no

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Protecting Your West Virginia Rental Investment

A well-drafted West Virginia rental lease agreement forms the foundation of successful property management. Given West Virginia’s minimal statutory requirements, comprehensive lease terms become the primary source of landlord protections. Clear terms addressing maintenance responsibilities, heating provisions, entry procedures, and security deposit handling protect both landlord and tenant interests in the absence of detailed state law.

RocketRent provides West Virginia lease agreement templates designed to address the state’s unique requirements and protect landlord investments. Our platform streamlines property management with integrated tools for lease creation, rent collection, and tenant screening. Create your West Virginia rental lease agreement today and manage your properties with confidence.