A West Virginia lease agreement is a contract between a landlord and a tenant, written per the state’s landlord-tenant laws. A property owner who wants to rent their property to a tenant for a fee can use a lease agreement as a legally binding document.
Rental Lease Laws Overview
- Rent Control: No.
- Limit on Late Fees: No.
- Late Fees in Rental Agreement: Yes.
- Grace Period: No.
- License Required for Landlord: No.
A rental application form lets landlords collect personal information from prospective tenants and gauge their suitability for tenancy.
By Type (6)
Standard Lease Agreement
A rental agreement for a dwelling.
Month-to-Month Rental Agreement
Establishes a monthly tenancy so a landlord can have flexibility when renting out their property.
Commercial Lease Agreement
An arrangement that allows a tenant to rent a property for the purpose of conducting business.
Room Rental Agreement
A contract for renting a room in a house, including terms related to utilities and house rules.
Sublease Agreement
Allows the subtenant to rent all or part of the leased property from a tenant.
Rent-to-Own Lease Agreement
An arrangement to rent a property with a later option to buy.
Required Lease Disclosures
Explore the disclosures that landlords in West Virginia must make in leases:
- Lead-Paint Disclosure: Housing built before 1978 may contain lead-based paint, which can pose health hazards if improperly managed. Landlords must provide tenants with a lead-based paint disclosure within or attached to the lease agreement. [1]
- Notice of Non-Refundable Deposit: A landlord must disclose if any fee is non-refundable in the lease agreement. [2]
Security Deposit
- Maximum Amount: No maximum.
- Receipts: Not required.
- Interest Payments: Not required.
- Bank Account: Not required.
- Returning Requirements: A landlord must return a tenant’s security deposit within 60 days of the end of the lease. [3]
- Withholding Rules: A landlord can minus any deductions for damages or other charges and include an itemized list of those damages or charges. Any monies withheld that go toward repairing damage or for cleaning due to excessive wear and tear are considered non-refundable. [3]
Rent Payments
- Laws: The landlord and tenant can establish the rent due date in their lease. It’s typically due at the beginning of the rental period.
- Rent Control: The state doesn’t impose rent control laws, meaning landlords can establish rent at the rates they’d like to. Please note that state law doesn’t restrict local governments from implementing their own laws for rent control.
- Late Fees and Grace Period: West Virginia doesn’t establish a maximum late fee for rental agreements, nor does it have a grace period. Landlords can use an immediate notice to quit for non-payment of rent if the tenant doesn’t pay rent by the due date.
- Withholding Rent: A tenant doesn’t have the right to keep a portion of the rent for a landlord’s failure to make repairs.
Landlord Right of Entry
- Notice Requirements: No prior notice to the tenant is required for a landlord to enter their rental property in West Virginia.
- Keys, Locks, and Security: A landlord can’t purposefully lock a tenant, as this action would constitute a self-help eviction.
Property Repairs
- Landlord Responsibilities: The landlord must deliver the rental unit in a fit and habitable condition and maintain the property so that it meets the requirements of applicable housing, fire, safety, and health codes. [4]
- Tenant Repairs: State law doesn’t outrightly define tenants’ responsibilities, but they generally must keep the unit in a safe condition, remove trash, not disrupt the peace of other neighbors, and use heating and electrical fixtures in a productive, non-destructive manner.
- Abandonment: If the tenant violates the lease by failing to maintain utilities, the landlord can send an immediate notice to quit for non-compliance. [5]
Terminating a Lease
- Month-to-Month Tenancy: A landlord issues a 30-day notice to terminate a month-to-month lease. [6]
- Unclaimed Property: A landlord must send a notice to the tenant informing them that any abandoned personal property will become the landlord’s property if the tenant doesn’t affirm it’s theirs within 30 days. [7]
Sample
Review an example of a West Virginia lease agreement and download it in PDF or Word format:
