1. Lead-Based Paint Disclosure (PDF) – Landlords must disclose whether the premises contains lead-based paint if the property was constructed before 1978.^[1]
2. Nonrefundable Fees – In order for any application or pet fees to not be included in the security deposit, the parties must agree in writing that these fees are nonrefundable.^[2]

Maximum Amount ($) – There is no maximum security deposit limit established by state law.

Collecting Interest – State statutes do not describe whether security deposit interest must be collected or distributed.

Returning to Tenant – Security deposits must be returned within 60 days of the expiration of the tenancy or within 45 days of the start of the following tenancy, whichever is shorter.^[3]

Itemized List Required? – Yes, if the landlord makes deductions to the security deposit for damages, a written statement must be provided to the tenant with the balance of the deposit.^[4]

Separate Bank Account? – No, there are no laws obligating the landlord to keep security deposits in a separate bank account.

General Access – No notice period for landlord entry is mentioned in state law.

Immediate Access – It is generally accepted that landlords can access the property without consent in the case of an emergency.

Grace Period – There is no grace period for paying rent in West Virginia.

Maximum Late Fee ($) – The maximum fee amount that landlords can charge for late rent is not covered in state statutes.

Bad Check (NSF) Fee – Landlords may charge a $25 fee for rent checks that bounce due to insufficient funds.^[5]

Withholding Rent – Withholding rent is not within a tenant’s right; if a tenant is behind on rent, the landlord is not obligated to make repairs and may even file for eviction.^[6]

Non-Payment of Rent – Serving a notice to quit for non-payment of rent is optional; landlords are within their rights to evict anytime past the rent due date.^[7]

Non-Compliance – If a tenant does not comply with the lease, the landlord can start an unlawful detainer suit immediately; a notice to quit for non-compliance is optional.

Lockouts – It is illegal for landlords to prevent tenants from accessing their rental unit.^[8]

Leaving Before the End Date – If a tenant fails to pay rent and has abandoned the property, the landlord may take back possession of the premises after 30 days by posting a notice on the premises.^[8]

• Duty to Re-rent – The landlord may choose to re-rent the property, in which case the original tenant will still owe rent for the remainder of their lease term minus any rent collected from a new tenant.^[10]

Month-to-Month – Monthly lease agreements can be ended be either party using a 1-month notice to quit.^[11]

Unclaimed Property – If personal property is left on the premises, the landlord must notify the tenant that they have 30 days to collect it or it becomes property of the landlord.^[12]