West Virginia Residential Lease Agreement

Important Information for West Virginia Landlords

West Virginia Rental Law Highlights

Security Deposits (W. Va. Code § 37-6A-1 et seq.)

• Maximum Amount: No statutory limit for general security deposit (market determines)
• Pet Deposit Maximum: $300 (W. Va. Code § 37-6A-3) – one of few states with statutory pet deposit limit
• Return Timeline: 60 days after tenant vacates (W. Va. Code § 37-6A-2(b)) – longer than most states
• Itemized Statement: Required if any deductions are made
• Interest Required: No statutory requirement to pay interest
• Move-In Inspection: Strongly recommended to document condition
• Normal Wear and Tear: Cannot deduct for ordinary deterioration
• Penalties: May be liable for deposit plus damages if wrongfully withheld

Rent and Rent Increases

• Grace Period: No statutory grace period required
• Late Fees: Must be reasonable; typically stated in lease
• Rent Increase Notice: No specific statutory requirement; 30 days customary for month-to-month
• Fixed Term: Cannot increase rent during lease term unless specified
• No Rent Control: West Virginia does not have rent control laws

Required Disclosures

• Lead paint disclosure (pre-1978 properties) – Federal requirement
• Landlord’s name and address for notice purposes
• Move-in condition documentation (strongly recommended)
• Smoke detector information (recommended)
• Any known defects or issues with the property

Eviction and Termination (W. Va. Code § 55-3A-1)

• No Specific Notice Period: For nonpayment – notice required but no statutory timeframe
• 30-Day Notice: Customary for lease violations
• 30-Day Notice: To terminate month-to-month tenancy (customary)
• Court Process Required: Must file eviction action in magistrate court
• No Self-Help: Lockouts and utility shutoffs are illegal

Landlord Obligations (W. Va. Code § 37-6-30)

• Habitability: Implied warranty of habitability (common law and W. Va. Code § 37-6-30)
• Essential Services: Heat, water, hot water, electricity should be functional
• Compliance: Must comply with applicable building and housing codes
• Structural Integrity: Maintain in reasonably safe condition
• Smoke Detectors: Required in residential properties
• Common Areas: Keep reasonably clean and in good repair
• Repairs: Should make necessary repairs within reasonable time

Entry Requirements

• Notice Required: No specific statutory requirement; reasonable notice customary (24 hours)
• Reasonable Times: Entry during reasonable hours customary
• Emergency Exception: May enter without notice in emergency
• Permitted Purposes: Inspection, repairs, showing to buyers/tenants

Tenant Rights and Protections

• Quiet Enjoyment: Right to peaceful possession (common law)
• Privacy Rights: Reasonable notice before entry (customary)
• Security Deposit Protection: 60-day return with itemization
• Habitability: Right to habitable premises (W. Va. Code § 37-6-30)
• Military Service: SCRA protections for active duty members

West Virginia-Specific Considerations

$300 Pet Deposit Limit (W. Va. Code § 37-6A-3)

• Maximum $300 pet deposit required by state law
• One of few states with statutory pet deposit limit
• Separate from general security deposit
• Landlord cannot charge more than $300 for pet deposit
• Does not apply to pet rent or monthly pet fees

60-Day Security Deposit Return (W. Va. Code § 37-6A-2(b))

• 60 days to return deposit with itemized statement
• Longer than most states (30 days typical)
• One of longest return periods in the nation
• Gives landlords more time to assess damages
• Tenant must provide forwarding address

Limited Statutory Framework

• West Virginia has relatively minimal landlord-tenant statutory law
• Relies on common law principles and lease agreements
• Comprehensive written leases are important
• Lease terms govern most aspects of relationship
• Few statutory tenant protections compared to other states

Implied Warranty of Habitability (W. Va. Code § 37-6-30)

• Statutory warranty of habitability exists
• Landlord must maintain premises in habitable condition
• Must comply with building and housing codes
• Tenant remedies available for violations

Fair Housing Requirements

Best Practices for West Virginia Landlords

• Use comprehensive written leases for all tenancies
• Conduct thorough move-in and move-out inspections with photos
• Document property condition extensively at move-in and move-out
• Limit pet deposits to $300 maximum (required by law)
• Return deposits within 60 days with itemization (required by law)
• Include clear maintenance and repair responsibilities in lease
• Specify entry notice requirements in lease (24 hours recommended)
• Keep detailed records of all transactions and communications
• Respond promptly to repair requests
• Maintain property to comply with housing codes
• Install and maintain working smoke detectors
• Never use self-help eviction methods
• Follow proper court procedures for evictions

West Virginia Climate Considerations

• Four Seasons: Cold winters, hot summers
• Mountainous Terrain: Variable weather by elevation
• Temperature Extremes: Below 0°F to 95°F+ range
• Heating Essential: Cold winters require adequate heating
• High Humidity: Can affect indoor air quality
• Snow and Ice: Winter weather in higher elevations

Charleston and Urban Area Considerations

• Local Ordinances: Additional requirements in cities
• Certificate of Occupancy: May be required in some jurisdictions
• Lead Paint: Present in older housing; proper disclosure critical
• Rental Inspections: Some municipalities may require inspections
• Coal Mining Legacy: Some properties affected by mining subsidence

Rural and Appalachian Property Considerations

• Well Water: Landlord typically maintains well system
• Septic Systems: Clarify maintenance responsibilities
• Propane/Heating Oil: Specify who pays and maintains
• Private Roads: Specify maintenance and snow removal responsibilities
• Mountain Terrain: Access issues in winter; specify responsibilities
• Coal Mining Areas: Subsidence disclosure may be necessary

Resources

• W. Va. Code – Chapter 37 (Property)
• W. Va. Code § 37-6A-1 et seq. (Security Deposits)
• West Virginia State Bar
• Legal Aid of West Virginia
• Magistrate courts (for eviction proceedings)
• West Virginia Housing Development Fund