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West Virginia Residential Lease Agreement

Create a free West Virginia residential lease agreement. No statutory deposit cap, but landlords must return it within 60 days. Attorney review available.

Introduction

A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the terms for renting a home: the rent, the length of the tenancy, the security deposit, each party's responsibilities, and how the tenancy ends. In West Virginia, landlord-tenant rules come from West Virginia Code Chapter 37, Article 6 (Landlord and Tenant) and Article 6A (Residential Rental Security Deposits). West Virginia sets no statutory cap on a security deposit, but under W. Va. Code Section 37-6A-2 the landlord must return the deposit balance, with a written itemization of any deductions, within 60 days after the tenancy ends or 45 days after a new tenant occupies the unit, whichever is shorter. The state's key disclosure requirements are the federal lead-based paint disclosure for housing built before 1978 and, functionally, the landlord's identity: under Section 37-6A-1 a managing agent who does not disclose the owner's name is themselves treated as the landlord. West Virginia's landlord-tenant statute sets no entry-notice-hours rule, so entry timing is governed by the lease and common-law reasonableness. A month-to-month tenancy ends with one full rental period of written notice under Section 37-6-5, and landlords owe tenants a non-waivable implied warranty of habitability under Section 37-6-30. Attorney review is available as an option before you sign.

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Key Things to Know

  1. 1

    A residential lease agreement is a legally binding contract between a landlord and a tenant that sets the rent, term, deposit, and each party's responsibilities for renting a home, and how the tenancy ends.

  2. 2

    West Virginia sets no statutory cap on a security deposit. Under W. Va. Code Section 37-6A-2, the landlord must return the deposit balance with a written itemization of any deductions within 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter.

  3. 3

    The clearest required disclosure is the federal lead-based paint disclosure for housing built before 1978 (42 U.S.C. Section 4852d). West Virginia also treats an undisclosed managing agent as the landlord under Section 37-6A-1, which functionally requires disclosing the landlord's identity.

  4. 4

    West Virginia's landlord-tenant code sets no entry-notice-hours rule. There is no statute requiring a landlord to give a specific number of hours' notice before entering; entry timing is governed by the lease and common-law reasonableness.

  5. 5

    West Virginia sets no statutory cap on late fees and no mandatory grace period. The security-deposit statute allows deductions for 'reasonable charges for late payment of rent specified in the rental agreement,' so the fee must be stated in the lease itself.

  6. 6

    A month-to-month tenancy ends with written notice of one full rental period, one month, before the end of a rental period (W. Va. Code Section 37-6-5). No statute sets a separate notice period for a rent increase.

  7. 7

    West Virginia has no statewide rent control or rent-stabilization law and no statutory rent-increase limit, so rent is set by the lease and the market.

Key decisions before you file

Before you file a Residential Lease Agreement in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Residential Lease Agreement guide walks through them.

Open the Residential Lease Agreement guide

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WEST VIRGINIA RESIDENTIAL LEASE AGREEMENT

  1. PARTIES AND PREMISES This Residential Lease Agreement is made on [DATE] between [LANDLORD NAME], the landlord (lessor), and [TENANT NAME], the tenant (lessee), for the residential property at [ADDRESS], West Virginia (the premises). If a managing agent handles the property but does not disclose the landlord's name, W. Va. Code Section 37-6A-1 treats that agent as the landlord.

  2. TERM Check one: [ ] Fixed term from [START DATE] to [END DATE]. [ ] Month-to-month beginning [START DATE].

  3. RENT Rent of $[AMOUNT] is due on the [DAY] of each month, paid to [LANDLORD NAME] at [ADDRESS OR PAYMENT METHOD]. West Virginia sets no statutory grace period and no cap on late fees. Any late charge must be a reasonable charge for late payment of rent specified in this lease (W. Va. Code Section 37-6A-2); an unstated fee is not enforceable.

  4. SECURITY DEPOSIT Tenant pays a security deposit of $[AMOUNT]. West Virginia law sets no maximum deposit amount. Within 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter, landlord must return the deposit balance along with a written itemization of any deductions (W. Va. Code Section 37-6A-2). No interest payment or separate escrow account is required by statute.

  5. DISCLOSURES Federal law requires a lead-based paint disclosure and pamphlet for housing built before 1978 (42 U.S.C. Section 4852d). West Virginia has no additional statute requiring disclosure of mold, bedbugs, flood history, or radon. Ratio or submetered utility billing is permitted only if this lease states it (W. Va. Code Section 37-6A-1).

  6. ENTRY West Virginia's landlord-tenant statute sets no fixed entry-notice-hours rule. Landlord agrees to give tenant reasonable advance notice, as stated in this lease, before entering the premises, except in an emergency.

  7. MAINTENANCE AND USE Landlord must deliver and maintain the premises in a fit and habitable condition meeting applicable health, safety, and housing codes, with working electrical, plumbing, sanitary, and heating systems, running water, reasonable hot water at all times, and reasonable heat from October 1 through April 30 (W. Va. Code Section 37-6-30). This duty cannot be waived below the statutory minimum. Tenant agrees to keep the premises clean, use fixtures properly, and avoid damage beyond normal wear and tear.

  8. TERMINATION Either party may end a month-to-month tenancy with written notice of one full rental period, one month, before the end of a rental period (W. Va. Code Section 37-6-5). A special agreement in the lease can set a different notice period. West Virginia has no statute setting a separate advance-notice period for a mid-tenancy rent increase, so raising rent on a month-to-month tenancy generally follows this same one-month termination-and-reoffer approach.

SIGNATURES Landlord: _______________________ Date: _______ [LANDLORD NAME]

Tenant: _______________________ Date: _______ [TENANT NAME]

Note: This lease is governed by West Virginia Code Chapter 37, Articles 6 and 6A. No notary or witnesses are required for a residential lease in West Virginia. This is a compact West Virginia skeleton. For the complete, customizable template, see the full Residential Lease Agreement template.

West Virginia Requirements for Residential Lease Agreement

No Statutory Security Deposit Cap

West Virginia sets no maximum dollar amount or months-of-rent cap on a residential security deposit. W. Va. Code Section 37-6A-1 defines a security deposit as a refundable amount securing performance of the lease or damages, but the article imposes no ceiling on the amount a landlord may collect.

Return the Deposit Within 60 Days (or 45 Days After Reletting)

Landlord must deliver the deposit balance, together with a written itemization of any deductions, within 60 days of the tenancy ending or 45 days after a subsequent tenant occupies the unit, whichever is shorter (W. Va. Code Section 37-6A-2). If a third-party contractor is needed to assess damages exceeding the deposit, the landlord gets an additional 15 days after giving written notice within that window.

Provide the Federal Lead-Based Paint Disclosure

For housing built before 1978, federal law requires the landlord to give the tenant a lead-based paint disclosure form and an EPA lead-hazard information pamphlet before the lease is signed (42 U.S.C. Section 4852d).

Disclose the Landlord or Managing Agent's Identity

Name the landlord (owner or lessor) in the lease. Under W. Va. Code Section 37-6A-1, a managing agent who fails to disclose the owner's or lessor's name is deemed the landlord and takes on the landlord's statutory obligations personally.

No Statutory Entry-Notice Rule

West Virginia Code Articles 6 and 6A contain no provision requiring the landlord to give a specific number of hours' notice before entering the rental unit. Entry timing is governed by the lease terms and common-law reasonableness, so the lease should state the notice period the parties agree to.

No Statutory Late-Fee Cap or Grace Period

West Virginia sets no maximum late fee and no mandatory grace period. W. Va. Code Section 37-6A-2 allows a landlord to deduct 'reasonable charges for late payment of rent specified in the rental agreement,' so the late-fee amount must be written into the lease to be enforceable.

One Month Written Notice to End a Month-to-Month Tenancy

A month-to-month tenancy is ended by written notice of one full rental period, one month, before the end of a rental period (W. Va. Code Section 37-6-5). The lease may fix a different notice period by special agreement. No statute sets a separate advance-notice period for a rent increase.

Non-Waivable Implied Warranty of Habitability

Landlord must deliver and maintain the premises in a fit and habitable condition meeting applicable health, safety, fire, and housing codes, with working electrical, plumbing, sanitary, and heating systems, running water, reasonable hot water at all times, and reasonable heat from October 1 through April 30 (W. Va. Code Section 37-6-30). This duty is a non-waivable minimum.

Frequently Asked Questions

A West Virginia lease should name the landlord and tenant, describe the rental address, state the rent amount and due date, the deposit amount, the term (fixed or month-to-month), and each party's responsibilities. It should also include the federal lead-based paint disclosure for housing built before 1978. West Virginia sets no statutory deposit cap and no separate state disclosure form, so the lease itself, plus W. Va. Code Chapter 37, Articles 6 and 6A, governs the terms.

West Virginia law sets no maximum security deposit amount; landlords may set any deposit the lease states. Whatever the deposit, W. Va. Code Section 37-6A-2 requires the landlord to return the balance, with a written itemization of deductions, within 60 days after the tenancy ends or 45 days after a new tenant occupies the unit, whichever period is shorter.

Yes. A West Virginia lease can be created for free using a template that fills in the rent, term, deposit, and West Virginia-specific terms such as the 60-day (or 45-day) deposit return rule and the one-month notice to end a month-to-month tenancy. Attorney review is available afterward as an option, not a requirement.

No. West Virginia's landlord-tenant code does not require a residential lease to be notarized or witnessed. The lease is enforceable once both the landlord and tenant sign it. Some landlords choose notarization for their own records, but it is not a statutory requirement.

West Virginia's landlord-tenant statute contains no entry-notice-hours requirement, so there is no fixed statutory minimum notice period. In practice, entry timing is set by the lease and by common-law reasonableness, so most leases state a specific notice period, commonly 24 hours, and reserve immediate entry for emergencies.

The federal lead-based paint disclosure applies to any West Virginia rental built before 1978 (42 U.S.C. Section 4852d). West Virginia has no additional statute requiring disclosure of mold, bedbugs, flood history, or radon. Ratio or submetered utility billing is permitted only if the lease itself states it (W. Va. Code Section 37-6A-1).

Either party may end a month-to-month tenancy in West Virginia by giving written notice of one full rental period, one month, before the end of a rental period (W. Va. Code Section 37-6-5). The lease can set a different notice period by special agreement. No statute sets a separate advance-notice period for a rent increase.

West Virginia sets no statutory cap on late fees and no mandatory grace period. The security-deposit statute permits deducting 'reasonable charges for late payment of rent specified in the rental agreement,' so the fee amount must be written into the lease and kept reasonable; an unstated fee is not enforceable.