Virginia Standard Residential Lease Agreement

Introduction

A West Virginia standard residential lease agreement is a legally binding contract between a landlord and tenant that establishes a rental arrangement for residential property. When signed, the tenant agrees to pay the indicated rental amount, submit a security deposit (if required), and comply with the rules and regulations set forth by the landlord. The agreement typically lasts for a fixed period, most commonly one year, and outlines the rights and responsibilities of both parties. ^[1]

West Virginia residential tenancies are governed primarily by W. Va. Code Chapter 37 (Real Property), which includes Article 6 (Landlord and Tenant) and Article 6A (Residential Rental Security Deposits). Unlike some states, West Virginia does not have a comprehensive landlord-tenant act, so many aspects of the landlord-tenant relationship are governed by common law and the specific terms of the lease agreement.

Legal Framework

West Virginia's residential landlord-tenant relationships are governed by W. Va. Code Chapter 37, Articles 6 and 6A. Article 6A specifically addresses residential rental security deposits, establishing requirements for holding, returning, and accounting for deposits. Additionally, landlords must comply with the West Virginia Fair Housing Act (W. Va. Code Article 5-11A), which prohibits discrimination in housing based on protected characteristics. ^{[1] [2]}

Federal laws also apply to West Virginia residential leases, including the Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. Section 4852d) for properties built before 1978, and the Federal Fair Housing Act (42 U.S.C. Section 3601 et seq.), which provides additional protections against housing discrimination. ^[3]

Required Disclosures

West Virginia law requires landlords to provide certain disclosures to tenants. There are two primary required disclosures:

Lead-Based Paint Disclosure (federal Requirement)

Under federal law (42 U.S.C. Section 4852d), landlords of properties constructed before 1978 must disclose any known information concerning lead-based paint or lead-based paint hazards. Landlords must provide tenants with: ^[3]

• A lead warning statement- Any records or reports concerning lead-based paint in the dwelling- A copy of the EPA pamphlet "Protect Your Family from Lead in Your Home"

Tenants must be given a 10-day period (unless modified in the lease) to conduct a risk assessment or inspection for the presence of lead-based paint hazards before becoming obligated under the lease.

Non-Refundable Fees Disclosure (state Requirement)

Under W. Va. Code Section 37-6A-1(14), pet fees and application fees must be expressly agreed to in writing as non-refundable. If such fees are intended to be non-refundable, this must be clearly stated in the rental agreement. Without explicit written agreement that these fees are non-refundable, they may be treated as part of the security deposit. ^[4]

Security Deposits

Maximum Amount

West Virginia has no statutory limit on the amount a landlord may charge for a security deposit. The amount is determined by agreement between the landlord and tenant. However, landlords should be aware that excessive deposits may deter potential tenants and could be subject to challenge if deemed unconscionable.

Holding Requirements

West Virginia does not require landlords to hold security deposits in a separate account or pay interest on deposits. However, under W. Va. Code Section 37-6A-3, landlords must maintain records for each security deposit including the tenant's name, date and amount of deposit, and itemization of any charges deducted. ^[5]

Return Period

Under W. Va. Code Sections 37-6A-1(7) and 37-6A-2(a), the security deposit must be returned within the "notice period," which is defined as: ^{[4] [6]}

• Within 60 days** of the termination of the tenancy, OR**- Within 45 days** of a new tenant occupying the premisesWhichever time period is shorter.*

Permissible Deductions

Under W. Va. Code Section 37-6A-2(b), landlords may deduct from the security deposit for: ^[6]

1. Unpaid rent, including reasonable late charges specified in the rental agreement2. Damages caused by the tenant's noncompliance with the rental agreement, less reasonable wear and tear3. Unpaid utilities that were billed to and paid by the landlord but are the tenant's obligation under the agreement4. Removal and storage costs for the tenant's abandoned personal property5. Other damages or charges as provided in the rental agreement, including third-party contractor costs for repairs

Itemization Requirement

When returning the security deposit, landlords must provide a written itemization of any damages or other charges deducted. If damages exceed the deposit and require third-party contractor services, the landlord must notify the tenant within the notice period and has an additional 15 days to provide the itemization. ^[6]

Rent Payment

Grace Period

Late Fees

West Virginia has no statutory limit on late fees for residential rental agreements. Late fees must be specified in the rental agreement and should be reasonable. Courts may refuse to enforce late fees that are deemed excessive or punitive rather than compensatory. Best practice is to set late fees at a reasonable percentage (typically 5-10%) of the monthly rent or a flat fee that reflects actual administrative costs.

Returned Check (NSF) Fees

Under W. Va. Code Section 61-3-39e, when a tenant's rent check is returned for insufficient funds, the landlord may charge a fee of up to $25 for the dishonored check. ^[7]

Eviction Process

West Virginia's eviction procedures are governed by W. Va. Code Chapters 55-3A and 55-4. Unlike many states, West Virginia generally does not require a pre-eviction notice for non-payment of rent, though many landlords provide one as a courtesy.

Non-Payment of Rent

West Virginia law does not require landlords to give tenants prior written notice before filing an eviction lawsuit for unpaid rent. However, many landlords choose to provide a courtesy 5-day notice to pay or vacate before proceeding with legal action.

Lease Violations

For lease violations other than non-payment, landlords typically must provide a 10 to 30-day written notice depending on the severity of the violation, giving the tenant an opportunity to cure the breach before proceeding with eviction.

Termination of Month-To-Month Tenancy

Under W. Va. Code Section 37-6-5, a tenancy from month-to-month may be terminated by either party giving one month's notice prior to the end of the rental period. A tenancy from year-to-year may be terminated by either party giving three months' notice before the end of any year. ^[8]

Landlord's Right of Entry

While West Virginia does not have a specific statute governing landlord entry, the common law standard requires landlords to provide "reasonable notice" before entering a rental property for non-emergency purposes. The generally accepted standard is 24-48 hours advance notice.

Landlords may enter the property for purposes such as:

• Making repairs or improvements- Inspecting the premises- Showing the property to prospective tenants or buyers- Emergencies (no notice required)

Fair Housing Protections

Both federal and state law prohibit discrimination in housing. Under the West Virginia Fair Housing Act (W. Va. Code Article 5-11A), it is unlawful to discriminate against any person in the sale, rental, or financing of housing based on: ^[2]

• Race- Color- Religion- Ancestry- Sex- Familial status- Blindness- Handicap/Disability- National origin

The West Virginia Human Rights Commission is responsible for enforcing fair housing laws in the state. Complaints of housing discrimination can be filed with the Commission or with the U.S. Department of Housing and Urban Development (HUD). ^[9]

Landlord Noncompliance

Under W. Va. Code Section 37-6A-5, if a landlord fails to comply with the security deposit requirements (including timely return and proper itemization), the tenant may recover: ^[10]

• Actual damages suffered by the tenant
• Reasonable attorney fees

This provides tenants with a legal remedy when landlords wrongfully withhold security deposits or fail to provide required itemizations.

How to Create a West Virginia Residential Lease

A comprehensive West Virginia residential lease agreement should include the following elements:

Essential Terms:

1. Names and addresses of all parties (landlord and tenant(s))2. Complete address and description of the rental property3. Lease term (start date, end date, or month-to-month designation)4. Rent amount, due date, and acceptable payment methods5. Security deposit amount and terms6. Late fee policy and amount7. Maintenance and repair responsibilities8. Rules regarding pets, smoking, noise, and guests9. Utility responsibilities10. Termination and renewal procedures

Required Attachments:

• Lead-Based Paint Disclosure (for pre-1978 properties)- EPA pamphlet "Protect Your Family from Lead in Your Home" (for pre-1978 properties)- Move-in inspection checklist (recommended)- Any rules and regulations addenda