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
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
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
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
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
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
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
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.
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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.