West Virginia Laws
Requirement to Record: Not strictly required to be recorded, but must be recorded to establish notice to third parties.[1]
Expiration: Constructive notice does not expire under state law.
Maximum Term: West Virginia does not explicitly define a maximum term for a lease with an option to purchase.
No Duration: If no duration is set for the option, within the context of an attached lease, the option will expire when the lease ends.
Signing Requirements: For leases with an option that are a year or longer, they must be in writing and signed by the seller.[2]
Required Disclosures (2)
1. Lead-Based Paint Disclosure & EPA Pamphlet – Tenants moving into properties built before 1978 must legally be notified that they could be exposed to lead-based paint.
2. Nonrefundable Fees – Any nonrefundable fees, such as application or pet fees, must be listed in the lease agreement.[3]
Seller’s Disclosures (1)
1. Residential Property Disclosure (optional) – Sellers can complete a property disclosure to notify buyers of the overall condition of the residence. State law does not require this form to be completed but is recommended as a sign of good faith by the seller.