Creating a West Virginia lease agreement without understanding state requirements can lead to costly misunderstandings. Particular rules around security deposits, notice periods, and lease enforcement differ from those of many neighboring states.
A well-drafted lease agreement protects landlords in the Mountain State from legal complications and gives tenants confidence that the lease clearly defines their rights and responsibilities from the start.
Disclosures (2)
West Virginia law, along with federal regulations, requires landlords to provide specific disclosures to tenants before signing a new lease. These disclosures outline key financial terms and address potential health and safety risks, helping ensure the lease complies with all applicable legal standards and that tenants receive critical information upfront.
- Non-refundable fees: Under West Virginia law, landlords must list any non-refundable fees in writing if they want those charges treated as something other than a security deposit. State law doesn’t cap these fees, but to make them enforceable, the lease must clearly identify each non-refundable charge (such as application, cleaning, or pet fees) so tenants understand which amounts are not eligible for return (W. Va. Code § 37-6A-1(14)).
- Potential lead-based paint hazards: For any West Virginia rental property built before 1978, federal law requires landlords to disclose these hazards. Landlords must give tenants a completed lead-based paint disclosure form, share any known information about the presence of lead hazards, and provide the EPA’s pamphlet.
Optional Disclosures and Addenda
Compared to many other states, West Virginia imposes relatively few mandatory lease disclosures. However, landlords can still strengthen their lease agreements by including optional disclosures and addenda.
While not required by law, adding details about property rules, policies, or special conditions can clarify expectations, minimize disputes, and offer protections similar to those found in more heavily regulated states. Here are some optional disclosures to include:
Smoking policy addendum: Clarifies whether tenants can smoke inside the unit or on the property and identifies any designated smoking areas.
Mold disclosure: Documents the property’s current condition and sets expectations for moisture control and tenant reporting to reduce liability.
Bed bug disclosure: Outlines responsibilities for preventing and handling infestations, including inspection procedures and reporting timelines.
Asbestos disclosure: Informs tenants of the presence or potential presence of asbestos-containing materials that are common in older buildings.
Pest control policy: Specifies how the landlord manages routine pest treatments and what tenants must do to support those efforts.
Renters insurance addendum: States whether tenants must carry renters insurance and outlines coverage requirements (e.g., liability, personal property).
Utility breakdown disclosure: Explains how the landlord allocates utility costs when the property uses shared meters or bundles utilities.
Consequences of Not Including Mandatory Disclosures
Failing to include required disclosures in a West Virginia lease agreement can create serious legal and financial problems for landlords. Omitting mandatory information, such as non-refundable fees or lead-based paint hazards, can expose landlords to tenant disputes, monetary penalties, or even legal action.
Courts may view the omission as a lease violation, which can weaken the landlord’s position in eviction proceedings or other legal disputes. In some cases, tenants may have grounds to terminate the lease early or pursue damages if the missing disclosure affects their health or financial interests.
Including all required disclosures from the outset protects landlords and ensures the lease complies with both state and federal law.
Security Deposit Regulations in West Virginia
Unlike some states with strict deposit rules, West Virginia gives landlords broad discretion. However, that flexibility still comes with clear responsibilities.
Knowing how to collect, hold, and return security deposits correctly helps landlords avoid legal trouble and keep tenant relationships on a solid footing.
Maximum amount: West Virginia law does not set a maximum amount that landlords can charge for a security deposit.
Deposit receipt: State law does not require landlords to provide a receipt for a security deposit.
Interest payments: West Virginia does not require landlords to pay interest on security deposits, regardless of how long they hold the funds.
Security deposit return: Landlords must return the security deposit within 60 days after the lease ends and the tenant moves out. If another tenant moves in sooner, landlords must return the deposit within 45 days of the new tenant’s move-in date, whichever comes first.
Deductions: Landlords may deduct from the deposit to cover things like unpaid rent, damages beyond normal wear and tear, and other lease violations that result in financial loss. If that is the case, West Virginia landlords must provide an itemized list of deductions along with the remaining balance when returning the deposit (W. Va. Code § 37-6A-2).
Rent Payment Regulations
West Virginia keeps rent payment rules relatively simple, giving landlords flexibility to set payment terms as long as they put those terms in writing. At the same time, a few key regulations govern how landlords can handle late payments, grace periods, and tenant rights.
Rent control/stabilization: West Virginia does not impose rent control or rent stabilization at the state level.
Late rent fees: The state does not cap late fees, but landlords must include the fee amount and conditions in the lease agreement to enforce them legally.
Grace period: West Virginia does not require a mandatory grace period for rent payments. Landlords can decide whether to offer one and must specify the details in the lease if they do.
Tenant’s right to withhold rent: Tenants generally cannot withhold rent in West Virginia except in limited situations allowed by law, such as when a court order permits it. West Virginia does not have broad “repair and deduct” or rent withholding provisions like some other states, so tenants must follow legal procedures rather than withholding rent on their own.
Rental Agreement Violations
When tenants violate a lease agreement, landlords must follow state law to address the issue properly. Whether the problem involves a lease violation, missed rent, or abandonment, West Virginia gives landlords a straightforward legal framework to regain possession of the property.
Lease violation: Under West Virginia’s summary eviction process, landlords generally are not required to offer tenants a cure period after a lease violation. They may start eviction proceedings once the violation occurs, provided the claim meets the requirements of the statute (W. Va. Code § 55-3A-1).
Missed rent payment: West Virginia does not require landlords to give a formal grace period or notice before starting eviction proceedings for unpaid rent. If a tenant misses rent, the landlord can proceed with a failure to pay rent eviction in court after the rent due date passes (W. Va. Code § 55-3A-1).
Lease abandonment: Should a tenant abandon the property, landlords may treat the lease as terminated and re-rent the unit. West Virginia law requires landlords to act in good faith when determining abandonment (e.g., extended absence, lack of personal property, unpaid rent). Landlords may recover unpaid rent or damages through legal action (W. Va. Code § 37-6-7).
Self-help evictions: West Virginia strictly prohibits self-help evictions, such as changing locks, removing doors, shutting off utilities, or taking tenant property without a court order. Landlords must use the formal eviction process to regain possession of the rental unit legally.
Terminating a Lease
Terminating a lease incorrectly can create legal headaches for landlords and tenants alike. West Virginia law spells out clear procedures for ending different types of leases, and following these steps carefully helps both parties avoid disputes and unexpected costs.
Month-to-month: For month-to-month leases, either the landlord or tenant must provide at least one full rental period’s notice (typically 30 days) to terminate the agreement (W. Va. Code § 37-6-5).
Standard lease: Either party can terminate a fixed-term lease when it expires without providing additional notice, unless the lease requires otherwise. If the lease includes a renewal or termination notice clause, both parties must follow those terms (W. Va. Code § 37-6-5).
Property abandonment: When a tenant leaves personal belongings behind, landlords must send a written notice giving the tenant 30 days to reclaim them. If the items appear to be worth more than $300 and the tenant notifies the landlord of their intent to recover them, the landlord must extend the retrieval period by another 30 days before disposal. These timelines come from West Virginia’s abandoned-property statute (W. Va. Code § 55-3A-3).
Renewing a Lease
Lease renewals in West Virginia are generally straightforward, with most requirements determined by the lease itself rather than state law. Understanding how notice works and whether landlords must offer renewal ensures both parties handle the transition smoothly and avoid accidental holdovers.
Notice requirements: West Virginia law does not set a specific notice period for renewing a lease. Instead, the lease agreement governs how much notice either party must provide to renew or terminate. If the lease doesn’t specify a renewal notice period, both parties can let the lease expire naturally or negotiate new terms.
Required renewals: State law does not require landlords in West Virginia to offer lease renewals. Landlords may choose whether to renew based on their business needs and tenant history. If the lease includes an automatic renewal clause, both parties must follow the terms stated in the lease.
Landlord’s Access to Property
West Virginia law does not set strict rules for when or how landlords can enter a rental unit, so most access policies come directly from the lease agreement. Establishing clear expectations around notice and entry helps landlords maintain their properties while respecting tenant privacy.
Immediate access: West Virginia law does not specify situations that allow landlords immediate access. However, landlords typically may enter without prior notice in true emergencies, such as fires, gas leaks, or significant water damage, to protect the property and ensure safety.
Notice requirements: The state does not require a specific amount of advance notice before a landlord enters a rental unit. Instead, the lease should set clear notice expectations, such as 24 or 48 hours, to avoid disputes.
Harassment: While West Virginia doesn’t have detailed statutes on landlord entry harassment, landlords may not abuse their right of access or enter in a way that interferes with the tenant’s quiet enjoyment of the property.
