West Virginia Standard Residential Lease Agreement

A West Virginia standard residential lease agreement is a formal contract used by property owners to lease their premises to tenants for a set duration; it typically spans a period of one year.

Before or on the move-in date, a residential lease may also request a security deposit from the tenant as a precautionary measure against potential property damage in the future.

• Lease Length Considerations
• Required Disclosures
• Security Deposit
• Rent Payment
• Landlord Resources
• Related Forms

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Lease Length Considerations

• Leases can generally be of any length of time, provided that the term is specific and agreed upon in writing by both the landlord and tenant.
• Oral leases, however, are typically not permissible for terms exceeding one year. [1]

Required Disclosures

• Lead-based paint disclosure
• Notice of non-refundable deposit

Review our West Virginia lease agreement page for more information on the required disclosures for landlords.

Security Deposit

• Maximum Amount ($): No state-imposed limit.
• Returning to Tenant: Within 45 days of their occupancy or within 60 days after the original tenant moves out, whichever is shorter. [2][3]

Rent Payment

• Grace Period: There is no rent grace period before assessing late fees.
• Maximum Late Fee: The landlord can only charge a tenant a late fee of $15 or 5% of the monthly rent, whichever is less. [4]
• NSF Fee: A landlord can charge a maximum of $25 for a worthless check. [5]

Landlord Resources

• Landlord-Tenant Laws – § 37-6 (Landlord and Tenant).
• Handbook – Tenants and Landlords in Virginia Guide.

Related Forms

West Virginia Rental Application

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1. W. Va. Code §36-1-3. https://code.wvlegislature.gov/36-1-3/
2. W. Va. Code § 37-6A-1(7). https://code.wvlegislature.gov/37-6A-1/
3. W. Va. Code § 37-6A-2(a). https://code.wvlegislature.gov/37-6A-2/
4. W. Va. Code § 46B-3-9. https://code.wvlegislature.gov/46B-3-9/
5. W. Va. Code § 61-3-39e. https://code.wvlegislature.gov/61-3-39e/

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