West Virginia Residential Lease Agreement

Introduction

A **West Virginia lease agreement **allows landlords to rent out residential or commercial property to tenants in exchange for rent payments. The rights and responsibilities of the parties are outlined in the contract as well as all other provisions that create a legal rental arrangement. The written lease remains in effect until the end of the term or if both parties agree to terminate.

Required Disclosures

Lead-Based Paint Disclosure – Landlords must disclose whether the premises contains lead-based paint if the property was constructed before 1978.^[1]

Nonrefundable Fees – In order for any application or pet fees to not be included in the security deposit, the parties must agree in writing that these fees are nonrefundable.^[2]

Security Deposits

Maximum Amount – There is no maximum security deposit limit established by state law. Landlords may charge any amount agreed upon by both parties.

Collecting Interest – State statutes do not describe whether security deposit interest must be collected or distributed to tenants.

Return Timeline – Security deposits must be returned within 60 days of the expiration of the tenancy or within 45 days of the start of the following tenancy, whichever is shorter.^[3]

Itemized List Required – Yes, if the landlord makes deductions to the security deposit for damages, a written statement must be provided to the tenant with the balance of the deposit.^[4]

Separate Bank Account – No, there are no laws obligating the landlord to keep security deposits in a separate bank account.

Landlord's Right to Enter

General Access – No specific notice period for landlord entry is mentioned in state law. It is recommended that landlords and tenants agree upon reasonable notice requirements in the lease agreement itself.

Emergency Access – It is generally accepted that landlords can access the property without consent in the case of an emergency, such as fire, flood, or other urgent repairs.

Rent Payments

Grace Period – There is no statutory grace period for paying rent in West Virginia. Rent is due on the date specified in the lease agreement.

Maximum Late Fee – The maximum fee amount that landlords can charge for late rent is not covered in state statutes. Late fees must be reasonable and clearly stated in the lease agreement.

Bad Check (NSF) Fee – Landlords may charge a $25 fee for rent checks that bounce due to insufficient funds.^[5]

Withholding Rent – Withholding rent is not within a tenant's right in West Virginia. If a tenant is behind on rent, the landlord is not obligated to make repairs and may even file for eviction.^[6]

Breaking a Lease

Non-Payment of Rent – Serving a notice to quit for non-payment of rent is optional under West Virginia law. Landlords are within their rights to file for eviction anytime past the rent due date without providing advance notice.^[7]

Non-Compliance with Lease Terms – If a tenant does not comply with the lease terms, the landlord can start an unlawful detainer suit immediately. A notice to quit for non-compliance is optional.

Illegal Lockouts – It is illegal for landlords to prevent tenants from accessing their rental unit through lockouts or other self-help eviction measures. Landlords must follow proper legal eviction procedures.^[8]

Abandonment by Tenant – If a tenant fails to pay rent and has abandoned the property, the landlord may take back possession of the premises after 30 days by posting a notice on the premises.^[9]

Landlord's Duty to Re-Rent – If a tenant leaves before the end of the lease term, the landlord may choose to re-rent the property. In this case, the original tenant will still owe rent for the remainder of their lease term minus any rent collected from a new tenant.^[10]

Lease Termination

Month-to-Month Leases – Monthly lease agreements can be terminated by either party using a 1-month notice to quit. The notice must be given at least one full rental period before the intended termination date.^[11]

Fixed-Term Leases – Fixed-term leases (such as 1-year leases) automatically expire at the end of the lease term unless both parties agree to renew. No advance notice is required for expiration of a fixed-term lease.

Unclaimed Property – If personal property is left on the premises after the tenant moves out, the landlord must notify the tenant that they have 30 days to collect it or it becomes property of the landlord.^[12]