Renting Out Your Property in West Virginia: A Landlord's Guide
Renting out property in West Virginia requires understanding specific state laws governing security deposits, lease agreements, and landlord responsibilities. West Virginia landlords must comply with the state's Landlord-Tenant Act, which outlines rights and obligations including maintenance requirements, eviction procedures, and fair housing regulations.
Failure to comply with West Virginia's landlord-tenant laws can result in legal disputes, financial penalties, and difficulty removing problematic tenants. Property owners should ensure all rental practices and documentation meet state requirements before listing their property.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
West Virginia Landlord-Tenant Act
This is the primary law governing rental relationships in West Virginia. It outlines the rights and responsibilities of both landlords and tenants, including requirements for security deposits, maintenance obligations, eviction procedures, and lease agreements.
Security Deposit Limitations
West Virginia law does not specify a limit on how much landlords can charge for security deposits, but requires landlords to return deposits within a reasonable time (typically 30 days) after a tenant moves out, minus any legitimate deductions for damages beyond normal wear and tear.
Landlord's Duty to Maintain Premises
Landlords in West Virginia must comply with all building and housing codes affecting health and safety, make all repairs necessary to keep the premises in a habitable condition, and maintain all electrical, plumbing, sanitary, heating, and other facilities in good working order.
Notice Requirements for Terminating Tenancy
For month-to-month tenancies, landlords must provide at least one month's notice before terminating the rental agreement. For fixed-term leases, notice is typically not required if termination occurs at the end of the lease term, unless specified in the lease agreement.
Fair Housing Act
Federal law prohibits discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability. West Virginia's Human Rights Act also prohibits housing discrimination on similar grounds.
Lead-Based Paint Disclosure
Federal law requires landlords of properties built before 1978 to disclose known information about lead-based paint hazards before leases take effect, provide tenants with an EPA-approved pamphlet on lead poisoning prevention, and include specific warning language in leases.
Right of Entry and Notice Requirements
West Virginia law requires landlords to give reasonable notice (typically 24 hours) before entering a rental property, except in cases of emergency. This protects tenants' right to privacy while allowing landlords to inspect, make repairs, or show the property to prospective tenants.
Regional Variances
Northern West Virginia
Morgantown has additional rental regulations due to the large student population from West Virginia University. Landlords must register rental properties with the city and undergo annual inspections. The city also enforces stricter occupancy limits (no more than 3 unrelated individuals in certain zones) and has noise ordinances specifically targeting rental properties in student-heavy neighborhoods.
Wheeling requires rental property registration and has a vacant property registration fee that increases the longer a property remains unoccupied. The city also has specific lead paint disclosure requirements for older properties beyond state requirements.
Eastern Panhandle
Martinsburg has implemented a Crime-Free Rental Housing Program that requires landlords to attend training and implement specific lease provisions. The city also has more stringent property maintenance codes than the state minimum standards.
Charles Town has historic district regulations that may affect rental property modifications and maintenance. Landlords with properties in the historic district must obtain approval from the Historic Landmarks Commission before making exterior changes.
Southern West Virginia
Huntington has a rental housing ordinance requiring registration and inspection of rental units. The city also has a special emphasis on code enforcement for rental properties and has established a Rental Housing Code Enforcement Unit to address substandard housing conditions.
As the state capital, Charleston has more comprehensive rental regulations including mandatory registration with the city's Building Department. The city also enforces stricter fire safety requirements for multi-unit buildings and has specific regulations regarding security deposits that differ from state law.
Suggested Compliance Checklist
Research West Virginia Landlord-Tenant Laws
1 days after startingFamiliarize yourself with West Virginia's landlord-tenant laws, particularly the West Virginia Code Chapter 37, Article 6 (Landlord and Tenant) and the West Virginia Consumer Credit and Protection Act. Understanding these laws will help you avoid legal issues and ensure compliance with state regulations regarding security deposits, maintenance responsibilities, eviction procedures, and tenant rights.
Obtain Necessary Business Licenses
7 days after startingCheck with your local municipality in West Virginia to determine if you need a rental property business license or permit to legally rent your property. Requirements vary by city and county. Contact your local government offices to understand specific requirements for your area.
Draft Rental Property Business License Application
10 days after startingPrepare all necessary documentation for your rental property business license application. This typically includes property information, owner details, and may require proof of property insurance and compliance with local zoning laws. Some municipalities may require inspection of the property before issuing a license.
Create a Comprehensive Rental Application Form
14 days after startingDevelop a rental application that collects necessary information from potential tenants while complying with fair housing laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. Ensure your application does not include questions that could be considered discriminatory under federal or West Virginia fair housing laws.
Prepare a Residential Lease Agreement
21 days after startingDraft a comprehensive lease agreement that complies with West Virginia law. Include terms regarding rent amount and due date, security deposit (limited to one month's rent in WV), lease duration, maintenance responsibilities, rules regarding entry (24-hour notice required in WV), pet policies, and other important terms. Consider having an attorney review your lease to ensure it complies with all state laws.
Create a Lead-Based Paint Disclosure Form
21 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Prepare this form and provide tenants with an EPA-approved pamphlet about lead-based paint hazards. Even if you're unsure about lead paint in your property, this disclosure is legally required for older buildings.
Develop a Move-In/Move-Out Inspection Checklist
28 days after startingCreate a detailed checklist documenting the condition of the property before the tenant moves in and after they move out. Include all rooms, fixtures, appliances, and exterior areas with space for notes and photographs. This documentation is crucial for security deposit disputes and helps comply with West Virginia's requirements for returning security deposits.
Establish Landlord's Rules and Regulations
28 days after startingCreate a clear set of rules and regulations for your rental property that comply with West Virginia law. Include policies on noise, guests, smoking, maintenance expectations, trash disposal, parking, and other important aspects of tenancy. Ensure these rules are reasonable and don't violate tenant rights under state law.
Create a Security Deposit Receipt
28 days after startingPrepare a receipt for security deposits that includes the amount received, date of receipt, and information about where the deposit will be held. In West Virginia, landlords are not required to place security deposits in separate accounts, but providing a receipt is good practice and may be required by some local ordinances.
Draft a Notice of Entry Form
28 days after startingCreate a form to notify tenants when you need to enter the rental property. West Virginia law requires landlords to provide at least 24 hours' notice before entering a tenant's unit except in emergencies. This form should include the date and time of planned entry and the reason for entry.
Register with Tax Authorities
35 days after startingRegister with the West Virginia State Tax Department if you'll be collecting rental income. You may need to collect and remit certain taxes, particularly if you're operating as a business entity. Consult with a tax professional to understand your specific obligations.
Obtain Proper Insurance Coverage
42 days after startingSecure appropriate landlord insurance for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. You'll need a landlord policy that covers the building, liability protection, and potentially loss of rental income. Consider requiring tenants to obtain renter's insurance as well.
Schedule Property Inspections
49 days after startingArrange for necessary inspections of your rental property to ensure it meets all health and safety codes. This may include building code inspections, fire safety inspections, and checks for environmental hazards. Some municipalities in West Virginia require these inspections before a property can be rented.
Set Up Record-Keeping Systems
56 days after startingEstablish systems for maintaining records of all rental activities, including applications, leases, maintenance requests and completions, communications with tenants, and financial transactions. Good record-keeping is essential for tax purposes and in case of legal disputes.
Create a Maintenance Plan
63 days after startingDevelop a plan for regular property maintenance and emergency repairs. In West Virginia, landlords are responsible for maintaining the property in a habitable condition. Your plan should include regular inspections, seasonal maintenance, and a system for tenants to report repair needs.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research West Virginia Landlord-Tenant Laws | Familiarize yourself with West Virginia's landlord-tenant laws, particularly the West Virginia Code Chapter 37, Article 6 (Landlord and Tenant) and the West Virginia Consumer Credit and Protection Act. Understanding these laws will help you avoid legal issues and ensure compliance with state regulations regarding security deposits, maintenance responsibilities, eviction procedures, and tenant rights. | - | 1 |
| Obtain Necessary Business Licenses | Check with your local municipality in West Virginia to determine if you need a rental property business license or permit to legally rent your property. Requirements vary by city and county. Contact your local government offices to understand specific requirements for your area. | - | 7 |
| Draft Rental Property Business License Application | Prepare all necessary documentation for your rental property business license application. This typically includes property information, owner details, and may require proof of property insurance and compliance with local zoning laws. Some municipalities may require inspection of the property before issuing a license. | Rental Property Business License | 10 |
| Create a Comprehensive Rental Application Form | Develop a rental application that collects necessary information from potential tenants while complying with fair housing laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. Ensure your application does not include questions that could be considered discriminatory under federal or West Virginia fair housing laws. | Rental Application Form | 14 |
| Prepare a Residential Lease Agreement | Draft a comprehensive lease agreement that complies with West Virginia law. Include terms regarding rent amount and due date, security deposit (limited to one month's rent in WV), lease duration, maintenance responsibilities, rules regarding entry (24-hour notice required in WV), pet policies, and other important terms. Consider having an attorney review your lease to ensure it complies with all state laws. | Residential Lease Agreement | 21 |
| Create a Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and lead-based paint hazards. Prepare this form and provide tenants with an EPA-approved pamphlet about lead-based paint hazards. Even if you're unsure about lead paint in your property, this disclosure is legally required for older buildings. | Lead-Based Paint Disclosure Form | 21 |
| Develop a Move-In/Move-Out Inspection Checklist | Create a detailed checklist documenting the condition of the property before the tenant moves in and after they move out. Include all rooms, fixtures, appliances, and exterior areas with space for notes and photographs. This documentation is crucial for security deposit disputes and helps comply with West Virginia's requirements for returning security deposits. | Move-In/Move-Out Inspection Checklist | 28 |
| Establish Landlord's Rules and Regulations | Create a clear set of rules and regulations for your rental property that comply with West Virginia law. Include policies on noise, guests, smoking, maintenance expectations, trash disposal, parking, and other important aspects of tenancy. Ensure these rules are reasonable and don't violate tenant rights under state law. | Landlord's Rules and Regulations | 28 |
| Create a Security Deposit Receipt | Prepare a receipt for security deposits that includes the amount received, date of receipt, and information about where the deposit will be held. In West Virginia, landlords are not required to place security deposits in separate accounts, but providing a receipt is good practice and may be required by some local ordinances. | Security Deposit Receipt | 28 |
| Draft a Notice of Entry Form | Create a form to notify tenants when you need to enter the rental property. West Virginia law requires landlords to provide at least 24 hours' notice before entering a tenant's unit except in emergencies. This form should include the date and time of planned entry and the reason for entry. | Notice of Entry Form | 28 |
| Register with Tax Authorities | Register with the West Virginia State Tax Department if you'll be collecting rental income. You may need to collect and remit certain taxes, particularly if you're operating as a business entity. Consult with a tax professional to understand your specific obligations. | - | 35 |
| Obtain Proper Insurance Coverage | Secure appropriate landlord insurance for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. You'll need a landlord policy that covers the building, liability protection, and potentially loss of rental income. Consider requiring tenants to obtain renter's insurance as well. | - | 42 |
| Schedule Property Inspections | Arrange for necessary inspections of your rental property to ensure it meets all health and safety codes. This may include building code inspections, fire safety inspections, and checks for environmental hazards. Some municipalities in West Virginia require these inspections before a property can be rented. | - | 49 |
| Set Up Record-Keeping Systems | Establish systems for maintaining records of all rental activities, including applications, leases, maintenance requests and completions, communications with tenants, and financial transactions. Good record-keeping is essential for tax purposes and in case of legal disputes. | - | 56 |
| Create a Maintenance Plan | Develop a plan for regular property maintenance and emergency repairs. In West Virginia, landlords are responsible for maintaining the property in a habitable condition. Your plan should include regular inspections, seasonal maintenance, and a system for tenants to report repair needs. | - | 63 |
Frequently Asked Questions
In West Virginia, a valid lease agreement should be in writing for leases longer than one year (to comply with the Statute of Frauds). The lease should include: names of all parties, property description, rental amount, payment terms, lease duration, security deposit details, maintenance responsibilities, and signatures of all parties. While oral leases for less than one year may be legally binding, written agreements are always recommended to prevent disputes.
West Virginia does not have a state law that limits the maximum security deposit amount a landlord can charge. However, it's common practice to charge between one and two months' rent. Keep in mind that charging excessively high security deposits may make your property less competitive in the rental market. You must return the security deposit within a reasonable time after the tenant moves out, typically within 30 days, less any legitimate deductions for damages beyond normal wear and tear.
As a landlord in West Virginia, you're required to maintain the property in a habitable condition. This includes maintaining structural elements, ensuring working plumbing, electrical, heating systems, providing trash receptacles, and keeping common areas clean and safe. You must also comply with applicable building and housing codes. While some maintenance responsibilities can be shifted to tenants in the lease agreement, you cannot waive your obligation to provide a habitable dwelling.
West Virginia law does not specifically state how much notice landlords must provide before entering a rental property. However, best practice is to provide at least 24 hours' written notice before entering for non-emergency reasons such as repairs or showings. Your lease should specify notice requirements. Always respect tenants' privacy rights and enter only for legitimate purposes such as inspections, repairs, or emergencies.
To evict a tenant in West Virginia, you must have legal cause (such as non-payment of rent, lease violations, or property damage) and follow the proper legal procedure. First, provide written notice (the time period varies based on the violation). If the tenant doesn't remedy the situation, you must file an eviction lawsuit (unlawful detainer) and obtain a court order. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal. Only a sheriff can physically remove a tenant after a court order.
West Virginia does not have a statewide rental property registration requirement. However, some municipalities may have local registration or licensing requirements for rental properties. Check with your local city or county government to determine if there are any local registration requirements, business licenses, or inspections needed before renting out your property. Failure to comply with local ordinances could result in fines or penalties.
In West Virginia, landlords must provide federally required lead-based paint disclosures for properties built before 1978. While state law doesn't mandate many specific disclosures, it's best practice to disclose known defects, the presence of mold or other environmental hazards, and any other conditions that might affect habitability. Your lease should also clearly disclose all fees, policies regarding security deposits, and maintenance responsibilities.
Yes, as a landlord in West Virginia, you can prohibit pets in your rental property. This restriction should be clearly stated in your lease agreement. However, you must make exceptions for service animals and emotional support animals as required by federal law under the Fair Housing Act and Americans with Disabilities Act. These animals are not considered pets but rather accommodations for persons with disabilities, and you cannot charge additional pet fees or deposits for them.
In West Virginia, either landlord or tenant must provide at least one month's written notice to terminate a month-to-month tenancy. This notice should be given before the next rent payment is due. For example, if rent is due on the 1st of each month and you want the tenant to move out by July 31, you must provide notice before July 1. The notice should be in writing and clearly state the termination date. No reason is required to end a month-to-month tenancy with proper notice.
Rental income in West Virginia is subject to federal income tax and must be reported on your federal tax return. West Virginia also has a state income tax where rental income must be reported. You may be eligible for various deductions including mortgage interest, property taxes, insurance, maintenance costs, depreciation, and other rental-related expenses. Additionally, some municipalities in West Virginia may have local business taxes that apply to rental properties. Consider consulting with a tax professional familiar with West Virginia tax laws to maximize deductions and ensure compliance.