Free West Virginia Rental Lease Agreement


Sample West Virginia Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, West Virginia, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of West Virginia, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of West Virginia.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of West Virginia (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of West Virginia, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this ___ day of ____________________,20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, West Virginia, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: ___ day of ____________________,20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, West Virginia, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: ___ day of ____________________,20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: ___ day of ____________________,20___

Tenant: _______________

per: _________________________________

West Virginia Rental Lease Agreement

What are your rights and obligations under the West Virginia residential unit law?

  • The Official Rules and Regulations

    • Landlord and Tenant – W.Va. Code § 37-6-1 to 37-6-30

    • Remedies for the Unlawful Occupation of Residential Rental Property (Eviction)

      • W.Va. Code § 55-3A-1 to 55-3A-3

    • Limitation of Actions – W.Va. Code § 55-2-1 to 55-2-22

    • Attorney General’s Guide to Rental Housing

    • Landlord/Tenant Responsibilities – City of Charleston (pdf)

    • Landlord and Tenant: Rights and Responsibilities – WV Fair Housing Action Network

Security Deposit

In the West Virginia rental lease agreement, no statutes are in place for the security deposit maximum, the security deposit interest, the setting up of separate security deposit bank account, or payment of pet deposits.

The state allows charging of nonrefundable fees for pet fees and application fees, only if agreed in writing.

The deadline for the security deposit should not exceed 60 days after the termination of tenancy, and in 45 days following the occupation of the premises by a new tenant; whichever period is shorter. But, if the damages exceed the amount of the security deposit and if they require the services of a third party, the landlord shall use a written notice to the tenant advising them – this should be done within the 60 or the 45-day notice period.

  • Some of the acceptable uses of the security deposit include:

    • The payment of any rent due

    • Payment for damages resulting from the tenant’s noncompliance.

    • Payment of unpaid utility bills

    • Payment of reasonable costs for the removal and storage of the tenant’s property

    • Payment for repairs and other damages and charges provided for in the lease agreement in West Virginia

The landlord is required to prepare an itemized list or a description of the list of damages and charges.

Record keeping of the deposit withholdings is necessary

No statute covers matters relating to the receipt of deposits

The tenant could sue the landlord in the event of noncompliance

Rent, Lease, and Fees

No statutes provide what happens to rent’s due date, rent increase notices, rent grace periods, or prepaid rent.

Late fees are allowed

No statutes govern tenants being allowed to withhold rent for the landlords’ failure to comply

No statute provides for tenants repairing and deducting rent

No statute governs whether or not a landlord can recover attorney and court fees

The landlord is required to make reasonable attempts to mitigate any damages to the lessee, including any attempts of re-renting.

No statutes for early termination or abandonment fees.

Notices and Entry

No notice is required to terminate fixed-end-date leases

3-month written notices are necessary for the termination of yearly leases with no end date

1-month notice is required to terminate monthly leases and a 1-week notice for weekly leases.

If a tenant violates the lease agreement, they will receive an immediate tenancy termination notice or an unconditional quit notice

No statutes govern the issuance of notices for the date and time of move-out inspections

Termination of a weekly lease for nonpayment may call for immediate termination without notice though the magistrate has to set a hearing date. Termination of all other leases for nonpayment may happen when the landlord files for immediate eviction with a court hearing set at the magistrate of the circuit court.

No statutes exist for notice before entry, non-emergency entry for repairs and maintenance works, showings, emergencies, entry following a tenant’s extended absence, or pesticide use.

Lockouts and utility shut-offs are not allowed

Disclosures and Miscellaneous Notes

This section covers landlord’s and tenant’s duties, copies of the lease, name, and addresses, domestic violence situations, tenant’s duties, abandonment of personal property, retaliation, and Lead disclosures.

Court Matters

The West Virginia Small Claims Court has set its limits to $5,000

The magistrate court or the circuit courts handle eviction cases

The statute of limitation allows 10 years for written contracts and 5 years for oral contracts.

Business Licenses

West Virginia rental lease agreement states that no statewide statutes exist requiring business licenses. But, this may change with local cities and the counties.

That covered, you may want to get your West Virginia rental lease agreement from us, fill up the above form.

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WV Rental Lease Agreement

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