Grab our free sample or generate an official West Virginia lease agreement for residential use. Read further about required disclosures in West Virginia, optional addendums for things like pets, and what West Virginia landlord tenant laws apply to residential lease agreements.
Lease Agreement Sample
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Security Deposits in West Virginia
In the state of West Virginia, there is not a maximum limit that the landlord can ask for a security deposit. This deposit can be used to cover the cost of damages, unpaid rent, unpaid utilities, or to remove the client’s personal belongings from the premises. When the tenant vacates the property, the landlord will need to return the security deposit within 60 days of the termination of the tenancy. An itemized list of the charges must be sent to the tenant as well. If the damages in the unit exceed the amount that is being held, the landlord will need to send a written notice to the tenant with an estimate of the additional charges from a third-party contractor. If the landlord fails to return the security deposit, the tenant can sue the landlord and recover the security deposit as well as up to one and a half times the amount that was withheld.
Breaking a Lease in West Virginia
When a tenant breaks the terms of a lease early, there are typically going to be consequences for doing so. This can mean that the tenant will be required to pay the rent for the full term of the rental agreement, which could end up being a lot of money if it is an extended period. When the lease is broken in this state, there are a few reasons that will be recognized as justifiable reasons. These reasons include:
- The unit is not habitable.
- The landlord interferes with the quiet enjoyment of the tenant.
- The tenant has entered active military duty.
Eviction Process in West Virginia
When a tenant is late paying their rent, there is typically a notice given by the landlord to inform the tenant that they need to pay the late rent or eviction may occur. In West Virginia, there is no rule that states that the landlord must give this notice to the tenant, so they can give an immediate Notice to Quit to the tenant or take the case straight to court and file a petition against the tenant. Once this petition is filed, the tenant will need to answer the summons and attend a court hearing in 10 days. If the judge rules in favor of the landlord, then the tenant will be required to vacate the property and move out of the unit.