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.
In this agreement, a landlord can specify the rental terms and conditions, including the property’s address, health hazards, pet allowances, the lease term, and the rent payment details.
Laws
Required Lease Disclosures
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 (42 U.S. Code § 4852d).
Additionally, a landlord must disclose if any fee is nonrefundable in the lease agreement (WV Code § 37-6A-1(14)).
Security Deposit
There’s no limit on the amount a landlord may request as a security deposit from a tenant (No statute).
A landlord must return a tenant’s security deposit within 60 days of the end of the lease 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 nonrefundable (WV Code § 37-6A-2).
Landlord Right of Entry
No prior notice to the tenant is required for a landlord to enter their rental property in West Virginia (No statute).
Small Claims Court
A tenant can sue a landlord for an unreturned security deposit in small claims court for up to $10,000 (WV Code § 50-2-1).
Sample
Review an example of a West Virginia residential lease agreement and download it in PDF or Word format:
