The West Virginia residential lease agreement (“rental agreement”) legally binds a lessor (“landlord”) and lessee (“tenant”) to a rental contract for residential property. After the lease is signed and the first month’s rent plus a security deposit is paid, the tenant will be given access to the premises.
West Virginia Lease Agreement Disclosures
The below disclosure is required for all residential lease agreements in West Virginia.
| Disclosure | Applicable to |
|---|---|
| Lead Paint | All Units Prior to 1978 |
Lead-Based Paint Disclosure
Applicable to any rental units built prior to 1978.
It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints. This law requires landlords in West Virginia to:
- Fill out and attach this lead-based paint disclosure form to the lease agreement.
- Provide the tenant with an Environmental Protection Agency (EPA)-approved pamphlet about the dangers of lead-based paint.
- Provide additional records or reports about the presence or hazards of any known lead-based paint in the unit. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
Download: West Virginia Lead-Based Paint Disclosure Form (PDF)
Optional Disclosures & Addendums (Recommended)
The below lease agreement disclosures and addendums are not required by West Virginia law. These disclosures can be helpful to include to help reduce future conflicts with tenants or reduce legal liability for landlords.
| Optional Disclosure | How the Disclosure is Helpful |
|---|---|
| Asbestos. | This disclosure informs tenants if there is asbestos at the property. If there is asbestos a tenant can take certain precautions to minimize the chance of disturbing the asbestos fibers. |
| Bed Bugs. | If the rental unit has a history of infestation, landlords should provide information on how to handle a bed bug infestation. This disclosure notifies the tenant of their obligation to cooperate with bed bug prevention and immediately report any sign of infestation to the landlord. |
| Landlord’s Name & Address. | Creates a line of communication for important notices and demands between tenant and landlord. Landlords or any authorized individual to act on behalf of the property should provide contact information (including their address) within or alongside the lease. |
| Late/Returned Check Fees. | Landlords should disclose if they will charge a late fee or a returned check fee in the lease agreement. In West Virginia there are no restrictions on late fees; however, they must be reasonable. Returned check fees may not exceed $25. Collection of fees require a notice to be sent to the tenant, providing 10 days before pursuing legal action. |
| Medical Marijuana Use. | Inform tenants if medical marijuana use on the property is permittable. Some state laws allow landlords to restrict marijuana usage to non-smoking methods only or inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
| Mold Disclosure. | Informing the tenant of the current mold status of a property protects the landlord against future liability of mold damages. |
| Move-in Checklist. | A move-in checklist holds the tenant accountable for future damages that they may cause. |
| Non-Refundable Fees. | A non-refundable charge must be written in the lease agreement. If a non-refundable charge is not written in the lease, the tenant may be subject to a refund upon termination of the lease. |
| Shared Utilities Arrangements. | For rental units with shared utilities, a landlord should disclose the specifics of how they are shared, and how each party’s bill is calculated. Providing this information to tenants will give them a reasonable expectation of what they owe each month. |
| Smoking. | Inform tenants of designated smoking areas to not interfere with other tenants’ enjoyment of the premises. |
Consequences of Not Including Mandatory Disclosures
Disclosures outline the important health, safety, and property information and vary by state. If a landlord does not provide the tenant with the federally or state-mandated disclosures, they could face legal repercussions or monetary penalties.
If a landlord fails to disclose the lead-based paint hazard disclosure, they can face fines of up to $18,364 per violation. (24 CFR § 30.65)
It’s best to check with your local and state laws on which disclosures you must provide to your tenant.
Sources
- 1 WV Code § 61-3-39e (2019)
-
The payee or holder of a check, draft or order which has been dishonored because of insufficient funds or credit may send notice thereof to the drawer of the check, draft or order. The payee or holder of any dishonored check may impose a fee of up to $25 a worthless check.
- 2 WV Code § 61-3-39e (2019)
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“You are hereby notified that a check, number ………………, issued by you on (date of check), drawn upon (name of bank), and payable to …………………………., has been dishonored. Pursuant to West Virginia law, you have ten days from the date of this notice to tender payment of the full amount of the check plus a fee of $………………… (not to exceed $25 a worthless check) to the undersigned at ……………………… You are further notified that in the event the above amount is timely paid in full you will not be subject to legal proceedings, civil or criminal.
Dated ………………….., 20…..
……………………………
(Signed).”
