Not every rental agreement needs to last a year or longer. If landlords or their tenants need extra flexibility, a West Virginia month-to-month lease agreement is the perfect solution. This type of arrangement, also known as a tenancy at will, automatically renews each month until either party gives notice to terminate.
Despite the additional flexibility, landlords must still comply with all applicable federal, state, and local laws governing lease agreements. Here, we’ll take a closer look at everything landlords need to know about a West Virginia month-to-month lease agreement.
Disclosures (2)
West Virginia law requires landlords to disclose certain information to their tenants before they move in.
- Lead-based paint: Federal law says landlords must provide any known information about lead-based paint and its hazards in homes built before 1978. Landlords must also give their tenant a copy of the EPA’s lead safety pamphlet.
- Non-refundable fees: A lease agreement must disclose any non-refundable fees landlords charge, such as an application fee or a pet fee (W. Va. Code § 37-6A-1(14)).
Optional Disclosures and Addenda
While it’s not legally required, it’s a good idea to include the following disclosures in the lease template.
Asbestos: Informs tenants of any asbestos present in the unit and offers tips to minimize exposure.
Bed bugs: Discloses any known or suspected bed bug infestations in the unit or in adjacent units.
Landlord’s name and address: Provides the landlord’s name and address for the tenant, in case they need to contact you.
Mold: Informs tenants of any known mold in the unit and provides information on treatment options. The mold disclosure also reminds tenants of their obligation to report any mold they find immediately.
Pest control policy: Explains what landlords do for pest control on the property and what the tenant can do to support their efforts.
Renters insurance addendum: States whether the tenant must carry renters insurance for the unit and outlines policy requirements.
Shared utilities: If the unit shares a utility meter with another unit or with a common area, landlords should disclose how they divide and calculate utility costs.
Additional West Virginia Month-to-Month Lease Laws
Other areas of state law extend to the West Virginia month-to-month lease agreement. Here’s what landlords need to know.
Notice to Terminate a Month-to-Month Agreement
One of the key aspects of a West Virginia month-to-month lease agreement is the notice landlords must give to terminate the agreement.
Required notice for tenants: Tenants must provide at least one full rent period’s written notice to terminate a West Virginia month-to-month lease agreement (W. Va. Code § 37-6-5).
Required notice for the landlord: West Virginia landlords must also give a minimum notice of one full rent period to terminate the agreement (W. Va. Code § 37-6-5).
Laws Governing Rent Increases
West Virginia does not have rent control or stabilization laws, meaning landlords can increase rents by any amount they choose. However, landlords must give their tenant at least one full rental cycle’s notice before the rent increase takes effect, and the increase cannot be used to retaliate against or discriminate against a tenant.
Lease Violations and Eviction
Mistakes happen, even to the best tenants. Here’s how landlords should respond to lease violations to get back on track quickly.
Missed rent payment: If the tenant misses a rent payment, landlords may begin the eviction process the day after the payment is late. Landlords are not required to allow their tenants to make up the payment (W. Va. Code § 55-3A-1).
Lease violation: For other lease violations, landlords may also begin the eviction process immediately following the violation (W. Va. Code § 55-3A-1).
Lease abandonment: Tenants who abandon their lease before the end of the term, without a qualifying condition, are often financially responsible for the remainder of the term. Landlords also have a duty to try to re-rent the unit as soon as possible to offset losses (W. Va. Code § 37-6-7).
Self-help evictions: West Virginia law prohibits self-help evictions. All evictions should go through the legal system.
Rent Payment Laws
West Virginia law also applies to how landlords charge and pay rent, although the state leaves most decisions to landlords.
Rent control/stabilization: Rent control and stabilization laws do not exist in West Virginia.
Late rent fees: West Virginia does not limit what landlords can charge for late rent; however, they must clearly outline the fee in their lease template.
Grace period: There is no mandatory grace period for late rent in West Virginia.
Tenant’s right to withhold rent: Tenants cannot withhold rent for repairs outright; however, they can often make repairs and deduct the cost if the landlord does not address issues within 14 days of receiving notice.
Pet rent laws: West Virginia law does not regulate pet rent. In other words, landlords may charge pet rent, provided the fee is reasonable and clearly disclosed in the lease template.
Security Deposits
If landlords choose to collect a security deposit up front from their tenant, it’s important to follow state laws to remain compliant.
Maximum amount: West Virginia law does not set a maximum amount landlords can charge as a security deposit.
Deposit receipt: Landlords are not required to issue a receipt for their tenant’s security deposit payment.
Interest payments: West Virginia landlords are not required to pay tenants interest on their security deposit.
Security deposit return: Landlords must return their tenant’s security deposit, minus any deductions, within 60 days of lease termination or within 45 days of a new tenant moving in, whichever occurs first (W. Va. Code § 37-6A-2).
Deductions: West Virginia law allows landlords to withhold funds from the security deposit to cover unpaid rent or damages beyond normal wear and tear. If landlords withhold any deductions, they must give their tenant an itemized list of the costs when returning the security deposit (W. Va. Code § 37-6A-2).
Property Access Laws
When you have to maintain or service the unit, it’s important to respect your tenant’s right to quiet enjoyment of their home.
Advance notice: West Virginia law does not require landlords to give their tenants specific notice before entering the unit. However, it is considered best practice to give reasonable notice and only enter at reasonable times.
Immediate access: Emergencies are different. In an emergency, such as a natural disaster or a fire, landlords may enter the property immediately without giving notice.
Harassment: Showing up without a legitimate reason or repeatedly entering the tenant’s space can constitute harassment. If this happens, their tenant may be able to terminate their lease early.
