Free West Virginia Rental Lease Agreement

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.