West Virginia Lease Agreement Create a West Virginia Lease Agreement

West Virginia Lease Agreement

Published Dec 15, 2025
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A West Virginia Lease Agreement is a binding legal contract between a landlord and tenant that outlines the terms for renting property within the state.

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WEST VIRGINIA LEASE AGREEMENT

This Lease Agreement (the "Agreement") is entered into on (the "Effective Date"), by and between:

LANDLORD:
Name:
Mailing Address:

AND TENANT(S):
Name:

The Landlord and Tenant(s) may be collectively referred to as the "Parties."

I. PROPERTY

The Landlord agrees to lease to the Tenant, and the Tenant agrees to lease from the Landlord, the residential property located at the following address (the "Premises"):

West Virginia, Zip Code:

The Premises includes the following furnishings and appliances:

II. TERM

The term of this Agreement shall be (check one):

III. RENT

The Tenant agrees to pay the Landlord rent in the amount of $ per month.

A. Due Date: Rent is due on the day of each month.

B. First Month's Rent: The Tenant shall pay the first month's rent in the amount of $ upon the execution of this Agreement.

C. Payment Method: Rent shall be paid by (check all that apply):

D. Late Fees: If rent is not paid by the day of the month, the Tenant shall pay a late fee of:

E. Returned Checks: If a check is returned for insufficient funds, the Tenant shall pay a charge of $, in addition to any late fees accumulated.

IV. SECURITY DEPOSIT

Upon execution of this Agreement, the Tenant shall pay the Landlord a Security Deposit in the amount of $.

A. Purpose: The Security Deposit shall be held by the Landlord as security for the faithful performance of this Agreement by the Tenant.

B. Return of Deposit: Pursuant to West Virginia Code § 37-6A-2, the Landlord shall return the Security Deposit, less any deductions for damages or unpaid rent, to the Tenant within:

  1. Sixty (60) days of the termination of the tenancy; or
  2. Forty-five (45) days of the occupation of the Premises by a subsequent tenant, whichever time period is shorter.

C. Deductions: Deductions from the Security Deposit may be made for:

  1. Damage to the Premises beyond normal wear and tear;
  2. Unpaid rent and late charges;
  3. Unpaid utility charges; and
  4. Costs for removal and storage of Tenant's property if abandoned.

D. Itemized List: If any deductions are made, the Landlord shall provide a written itemized list of damages and charges to the Tenant.

V. UTILITIES AND SERVICES

Responsibility for payment of utilities and services shall be as follows:

Electricity:

Water/Sewer:

Gas/Oil:

Trash Collection:

Cable/Internet:

Snow Removal:

Lawn Care:

VI. USE OF PREMISES AND OCCUPANTS

The Premises shall be used exclusively as a private residence. No trade, business, or professional activity shall be carried on within the Premises.

The following individuals are the only authorized occupants of the Premises:

Guest Policy: Guests may stay on the Premises for no longer than consecutive days or days in a six-month period without prior written consent from the Landlord.

VII. MAINTENANCE AND REPAIR

A. Landlord's Obligations: Pursuant to West Virginia Code § 37-6-30, the Landlord shall:

  1. Deliver the Premises in a fit and habitable condition;
  2. Maintain the Premises in a condition that meets all applicable health and safety codes;
  3. Make all necessary repairs to keep the Premises in a fit and habitable condition, except where the disrepair is caused by the willful or negligent conduct of the Tenant.

B. Tenant's Obligations: The Tenant shall:

  1. Keep the Premises clean and sanitary;
  2. Dispose of all rubbish and garbage in a clean and sanitary manner;
  3. Use all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning facilities in a reasonable manner;
  4. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises.

VIII. RIGHT OF ENTRY

The Landlord shall have the right to enter the Premises to inspect the property, make necessary repairs, or show the Premises to prospective buyers or tenants.

Except in cases of emergency or abandonment, the Landlord shall provide the Tenant with at least hours (recommended: 24 hours) notice prior to entry. Entry shall be made at reasonable times.

IX. PETS

The policy regarding pets is as follows (check one):

X. LEAD-BASED PAINT DISCLOSURE

Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly.

Check one:

XI. DEFAULT AND TERMINATION

A. Failure to Pay Rent: If rent is unpaid when due, and the Tenant fails to pay within the time required by law, the Landlord may terminate this Agreement and commence eviction proceedings in accordance with West Virginia law.

B. Violation of Lease Terms: If the Tenant violates any provision of this Agreement (other than non-payment of rent), the Landlord may deliver a written notice specifying the acts and omissions constituting the breach.

XII. ABANDONMENT

If the Tenant is absent from the Premises for a period of thirty (30) consecutive days while rent is unpaid, the Premises shall be considered abandoned. In accordance with West Virginia Code § 37-6-6, the Landlord may recover possession of the Premises.

XIII. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia.

XIV. ADDITIONAL PROVISIONS

The following additional terms and conditions apply:

XV. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations. This Agreement may only be amended in writing and signed by both Parties.

XVI. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

XVII. SIGNATURES

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

LANDLORD
Signature: _________________________
Print Name: _______________
Date:
Address: _______________

TENANT
Signature: _________________________
Print Name: _______________
Date:
Address:

What is a West Virginia Lease Agreement?

A West Virginia Lease Agreement is a legally binding contract entered into by a landlord and a tenant for the rental of residential or commercial property within the state. This document establishes the terms and conditions of the tenancy, outlining the rights and responsibilities of both parties regarding the use of the premises. It serves as the primary governing instrument for the landlord-tenant relationship, detailing critical elements such as the monthly rent amount, payment due dates, security deposit requirements, and rules concerning property maintenance. By signing this agreement, both the lessor and lessee agree to adhere to the stipulations set forth, which must comply with West Virginia state laws regarding real property and contracts.

Statutory Regulations and Legal Framework

The landlord-tenant relationship in West Virginia is primarily governed by Chapter 37 of the West Virginia Code. Specifically, Article 6 covers Landlord and Tenant regulations, while Article 6A addresses Residential Security Deposits. Unlike some jurisdictions that have adopted the Uniform Residential Landlord and Tenant Act (URLTA), West Virginia relies on its specific state statutes and common law. These laws provide the baseline for what can and cannot be included in a rental contract. For instance, while the state allows for significant freedom of contract, provisions that attempt to waive a tenant’s basic rights or conflict with state health and safety codes are generally considered void and unenforceable. Federal laws, such as the Fair Housing Act, also apply, prohibiting discrimination based on race, color, national origin, religion, sex, familial status, or disability.

Required Elements of a Valid West Virginia Lease Agreement

For a rental contract to be enforceable in a court of law, it must contain specific components that clearly define the agreement between the parties. While oral agreements for tenancies of less than one year can be valid, written contracts are standard for clarity and legal security. The following elements are essential for a comprehensive document:

  • Identification of Parties: The full legal names of the landlord (lessor) and the tenant (lessee).
  • Property Description: The complete physical address of the rental unit, including unit numbers if applicable.
  • Term of Tenancy: The start and end dates of the lease, or specifications for a month-to-month arrangement.
  • Rent Specifics: The amount of rent, the due date, acceptable payment methods, and the address where rent should be sent.
  • Security Deposit Terms: The amount of the deposit and the conditions for its return or deduction.
  • Signatures: The dated signatures of all adults named on the lease.

Security Deposit Regulations

West Virginia has specific statutes regarding the handling of security deposits under West Virginia Code § 37-6A-1 et seq. Unlike some states that place a cap on the amount a landlord can charge, West Virginia law does not explicitly limit the maximum security deposit amount. However, the law is strict regarding the return of these funds. Upon the termination of the tenancy, the landlord must return the security deposit, minus any lawful deductions for damages or unpaid rent. This must occur within 60 days of the termination of the tenancy or within 45 days of the occupancy by a subsequent tenant, whichever period is shorter. If a landlord fails to comply with these timelines, they may be liable for damages amounting to one and a half times the amount of the deposit.

Landlord Access and Tenant Privacy

West Virginia statutes are notably silent regarding a landlord's right of entry. Unlike states that mandate a specific notice period (such as 24 or 48 hours) before a landlord can enter a rental unit, West Virginia code does not explicitly define these parameters. Consequently, the terms of access are usually defined within the lease document itself. In the absence of a specific lease clause, common law suggests that landlords should provide reasonable notice before entering the property for non-emergency reasons, such as inspections or repairs. Immediate entry is generally accepted in cases of emergency where property or safety is at risk. To avoid disputes, it is standard practice to include a clause specifying required notice periods for routine maintenance.

How to Execute a West Virginia Lease Agreement

Finalizing a rental arrangement involves more than simply signing a paper. To ensure the document is legally sound and the tenancy begins smoothly, parties generally follow a structured process.

Step 1: Drafting and Review - The landlord prepares the document, ensuring all terms comply with West Virginia Code Chapter 37. Both parties should review the text to verify that rent amounts, dates, and responsibilities are accurately reflected.

Step 2: Required Disclosures - The landlord must provide any federally required disclosures. The most common is the Lead-Based Paint Disclosure for any property built prior to 1978, as mandated by federal law (Title X).

Step 3: Walk-Through Inspection - Before signing, the landlord and tenant should conduct a move-in inspection. Documenting the current condition of the premises helps prevent disputes regarding security deposit deductions later.

Step 4: Signing and Payment - All parties sign the document. At this time, the tenant typically pays the first month's rent and the security deposit.

Step 5: Distribution of Copies - The landlord must provide the tenant with a copy of the signed agreement for their records.

Termination and Eviction Rules

The process for ending a tenancy depends on the type of lease and the reason for termination. For a standard fixed-term lease, the tenancy ends on the date specified in the contract without need for further notice, unless the lease states otherwise. For month-to-month tenancies, West Virginia Code § 37-6-5 requires a notice of at least one full rental period prior to termination. In cases where a tenant fails to pay rent or breaches the contract, the landlord may pursue eviction. West Virginia allows for an "Immediate Petition for Eviction" in certain circumstances, but landlords must follow due process through the magistrate or circuit court and cannot engage in "self-help" evictions, such as changing locks or shutting off utilities without a court order.

FAQs

No, West Virginia state law does not impose a statutory limit on the amount a landlord can charge for a security deposit. The amount is determined by the agreement between the landlord and the tenant.
Generally, a standard residential lease does not need to be notarized to be legally binding. However, if the lease term exceeds five years, it may need to be acknowledged and recorded to be effective against third parties.
West Virginia law does not specify a mandatory notice period for landlord entry. Therefore, unless the lease specifies otherwise, landlords are expected to provide reasonable notice, except in emergencies.
Under West Virginia Code, either party must provide a written notice at least one full pay period before the end of the tenancy. This typically means one month's notice for a month-to-month arrangement.
There is no specific statute capping late fees in West Virginia. However, late fees must be reasonable and clearly stated in the written contract to be enforceable in court.
If a landlord fails to return the security deposit within the legal timeframe (60 days of termination or 45 days of new occupancy), they may be liable for damages equal to one and a half times the amount of the deposit.

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