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West Virginia Lease Agreement Templates (6)

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West Virginia Lease Agreement Templates (6)

Updated March 08, 2024

A West Virginia lease agreement is a legal document used by landlords and tenants for renting residential or commercial property. The tenant is typically required to undergo a credit and employment check before the landlord will authorize a lease. Once the lease agreement has been authorized and signed, it is legally binding for both parties.

Rental Application – Used to gather information and conduct a background check on a potential tenant’s finances, employment, and references.

Table of Contents

Agreement Types (6)

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 year.

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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 at least one month’s notice from either landlord or tenant.

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Rent-to-Own Lease Agreement – Sometimes referred to as a “lease-to-own.” 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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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.” The landlord will usually be required to consent to such type of tenancy.

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Required Disclosures (2)

  1. Lead-Based Paint Disclosure – Under federal law, if the residential property was built prior to 1978, a prospective tenant must be informed of the possible existence of lead-based paint on the premises.
  2. Non-Refundable Fees (conditional) – If the landlord wishes to charge a pet fee, application fee, or any other nonrefundable fee, these must be included in the lease agreement.[1]

Security Deposits

Maximum Amount – There is no statutory limit on the amount that a West Virginia landlord can request for a security deposit.

Collecting Interest – West Virginia state law does not require a landlord to collect or pay interest on a tenant’s security deposit.

Returning – The security deposit, minus any withheld amounts, must be returned to the tenant within 60 days of the end of tenancy or within 45 days of the date that a new tenant occupies the premises, whichever is shorter.[2]

  • Itemized List – If the landlord withholds a portion of the security deposit to pay the costs of unpaid rent or repairs to the unit, they must provide the tenant with a written itemization of these costs within the applicable notice period.[2]

When is Rent Due?

Grace Period – There is no statutory grace period for the late payment of rent in West Virginia. If rent is not paid on the due date established in the lease agreement, the landlord can issue an immediate notice to quit or to pay the rent in full.

Maximum Late Fee ($15) – A landlord can charge a maximum of $15 or 5% of the monthly rent, whichever is less.[3]

NSF Fee – $25 is the maximum fee that can be charged for a bad check.[4]

Withholding Rent – West Virginia state law does not give tenants the right to withhold rent for any reason.

Right to Enter (Landlord)

There are no statewide laws governing a West Virginia landlord’s right to enter a rented property. However, it is generally recommended that the landlord provide at least 24 hours’ notice before entering the property for any non-emergency reason.


Absence – West Virginia state law does not establish a specific length of time that a tenant must be absent from the dwelling for the property to be considered abandoned.

Breaking the Lease – If a tenant dies during the term of the lease, their heir or designee may terminate the lease by giving two months’ notice.[5] No other West Virginia state law allows for a lease to be terminated early without penalty.

Tenant’s Utility Shutoff – If the tenant’s failure to maintain utilities constitutes a breach of the lease agreement or causes damage to the property, then the landlord may serve an immediate notice to quit.[6]

Unclaimed Property – If the tenant abandons the dwelling and leaves personal property behind, the landlord must send a written notice to the tenant that such property will become the property of the landlord if it is not collected within 30 days.[7]


  1. § 37-6A-1(14)
  2. § 37-6A-2(a)
  3. § 46B-3-9(c)
  4. § 61-3-39e
  5. § 37-6-11(b)
  6. § 55-3A-1
  7. § 37-6-6(d)