West Virginia Lease Agreements | Residential & Commercial

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A West Virginia rental agreement is a legal document used for renting residential or commercial property between a landlord and tenant. 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.

Rental Application – Used to verify the legitimacy of a tenant’s finances, employment, and references when applying for housing.

Table of Contents

Agreement Types (7)

Commercial Lease Agreement – For a business use such as professional office, retail (store, restaurant, etc.), or industrial space. Not for livable use.

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Month-to-Month Lease Agreement – Known also as a ‘tenancy at will’ and can be changed or canceled at any time with proper notice from either landlord or tenant. In accordance with § 37-6-5, it must be within at least one (1) month.

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Rent-to-Own Lease Agreement – Sometimes referred to as a “lease to own” as the rental contract can change into a purchase and sale if necessary at the sole option of the tenant.

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Roommate Agreement – Between the members of the shared home where each person usually receives a bedroom and the form designates the rules for: the common areas, guests, utilities/expenses, noise, and any other agreed-upon terms.

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Standard Residential Lease Agreement – A fixed-term arrangement with a start and end date. The most common type of residential contract and usually is for a term of one (1) year.

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Sublease Agreement – For the use of a tenant that would like to rent their space under contract with a landlord to another person. Also known as a ‘sublet’ and the landlord will usually be required to consent to such type of tenancy.

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Termination Lease Letter (30-Day Notice) (§ 37-6-5) – Official form used to give either the landlord or tenant notice to cancel a month-to-month lease. In West Virginia, the State requirement is to give at least one (1) month’s notice.

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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.


There is no statute that requires the landlord to give notice to the lessee before entering their property.

Security Deposits

Maximum – There is no law stating that a cap is designated for how much a landlord may ask at the beginning of tenancy.

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 tenancy the deposit must be returned.

(Video) What are the West Virginia Rental Laws?