Updated August 08, 2023
A West Virginia rental agreement is a legal document used by landlords and tenants for renting residential or commercial property. The landlord will usually require the tenant to undergo an examination of their employment and background through a rental application before authorizing a lease. Once completed, the landlord will review either approve or deny the tenant housing. After an agreement is signed, it becomes legal for all parties.
Table of Contents |
Agreement Types (6)
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Required Disclosures (2)
Lead-Based Paint Disclosure – If any housing development was built prior to 1978, then under federal law, the tenant must be informed through the disclosure form by all inhabitants placing their signature.
Non-Refundable Fees (§ 37-6A-1(14)) – Any and all non-refundable fees must be stated in the rental contract.
Security Deposits
Maximum Amount – No statute, meaning there is no maximum to how much the landlord can charge for a deposit.
Returning (§ 37-6A-1) – The landlord must return the funds within sixty (60) days. Although if the landlord re-rents the premises within forty-five (45) days of the termination of the tenancy, the deposit must be returned.
When is Rent Due? (Grace Period)
Rent is due on the day mentioned in the lease. There is no rent grace period. The day after rent is due, and the tenant has not paid, the landlord can issue an immediate notice to quit that requires payment to be made immediately.
Late Rent
Maximum Penalty (§ 46B-3-9(c)) – A landlord can charge a maximum of $15 or 5% of the monthly rent, whichever is lesser.
NSF Fee (§ 61-3-39e) – $25 is the maximum fee that can be charged for a bad check.
Right to Enter (Landlord)
There are no laws related to the landlord’s right to entry for repairs or other non-emergency issues. Therefore, it is recommended the landlord provide at least 24 hours’ notice before entering the tenant’s rental property.
Resources
- Chapter 37, Article 6 (Landlord and Tenant) – West Virginia Code.
- Renters’ Rights – Provided by the West Virginia Attorney General.
- Landlord/Tenant Responsibilities – A Charleston Public Safety Council Publication.