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
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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, heating, air-conditioning, and more to their tenants. Furthermore, this precedent dictates that repairs to these amenities must occur in a “reasonable” timeframe. If they don’t, however, a West Virginia tenant does not have any means of legal recourse.
- Evictions – West Virginia does not maintain mandatory notice periods relating to any form of eviction. As a result, a tenant here may be evicted immediately for failing to pay rent, violating a lease term, or committing a crime.
- Security Deposits – West Virginia law does not currently limit the maximum amount a landlord can charge for a security deposit. This state’s laws do require those deposits to be returned within 60 days of a lease ending, though (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 by applying for exception due to landlord harassment, unit uninhabitability, 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 if it is an applicable lease. Only bounced check fees are limited by value ($25).
- Landlord Entry – By default, a West Virginia landlord may enter their tenant’s unit without permission or notice. Limits on this right of entry (including in emergency instances) must be made through a lease.
- Settling Legal Disputes – West Virginia’s small claims court will accept most landlord-tenant dispute cases valued at less than $5,000. 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.
