The West Virginia rental agreements are legal contracts written between the landlord and tenant who wishes to use a real property. These documents state the amount of the rent, when the rent is due, and other terms associated with the use of the property.
West Virginia Rental Agreement Types
West Virginia Required Lease Disclosures
- Lead-Based Paint Disclosure (required for some) – National lead paint laws require West Virginia landlords to provide written disclosure of any known lead paint hazards in a rental property built before 1978, including an EPA pamphlet and a separate lead-based paint disclosure form that warns tenants of the dangers poses by lead paints and has them acknowledge that they understand the risk before moving in.
To learn more about required disclosures in West Virginia, click here.
West Virginia Landlord Tenant Laws
- Warranty of Habitability – In West Virginia, standing legal precedent has held that all landlords must supply adequate plumbing, electric outlets, HVAC, and more to their tenants. Furthermore, if a tenant requests repairs to made, a landlord must make the repairs within 14 days of notice. If they don’t, a West Virginia tenant may use the repair and deduct method by hiring a professional to make the repairs. Tenants may not withhold rent for habitability issues.
- Evictions – West Virginia landlords may evict tenants for a number of reasons including, but not limited to failure to pay rent, a violation of a leasing term, or committing an illegal act. Depending on the type of eviction, a landlord might be required to provide a tenant with prior notice to quit. An eviction may take 1 to 3 months to process.
- Security Deposits – West Virginia law does not currently limit the maximum amount a landlord can charge for a security deposit. State laws do require any unused funds of a deposit to be returned within 60 days of a lease ending or 45 days if a new tenant moves in immediately.
- Lease Termination – West Virginia tenants may terminate their month-to-month lease after issuing a notice of intent 1 month in advance. At the same time, a West Virginia tenant may also terminate their fixed-term lease early under the following conditions: landlord harassment, unit uninhabitability, domestic violence or active military duty.
- Rent Increases & Fees – West Virginia does not limit how often or by how much rent can be raised by a landlord. The state also does not require justification or notice to be issue when rent is raised. As for fees, almost any fee of any amount is permissible; however, bounced check fees are limited at $25.
- Landlord Entry – Tenants are required to give the landlord access to the property to make necessary repairs during reasonable hours. Additionally, a landlord must give tenants “reasonable” notice, unless it’s an emergency.
- Settling Legal Disputes – West Virginia’s small claims court will accept dispute cases valued at less than $10,000. However, because they operate as magistrate courts, not all of these state courts accept eviction cases.
To learn more about landlord tenant laws in West Virginia, click here.