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West Virginia Standard Residential Lease Agreement

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Updated on September 28th, 2021

The West Virginia standard residential lease agreement is used by landlords and property managers to establish a legally binding rental arrangement with a tenant. The agreement is a fixed-term contract (usually one (1) year) that gives the tenant occupancy of the landlord’s property in exchange for periodic rent payments. Under the terms of the lease, the tenant may be required to pay prorated (advance) rent, a security deposit, and other fees/expenses before they can move in. Due to the contractual nature of leases, it is recommended that tenants thoroughly review the written agreement and examine the premises before providing their signature.

Rental LawsChapter 37, Article 6 (Landlord and Tenant)

Handbooks (Guides):


Security Deposits

Maximum – Not mentioned in state statutes.

Returning (§ 37-6A-1(7)) – Sixty (60) days from the tenancy termination date or forty-five (45) days from the date of occupation by a new tenant, whichever is sooner.

When is Rent Due?

The lease must contain stipulations for the payment of rent, late fees, and grace periods for the terms to be enforceable. State law permits the landlord to deduct a portion of the security deposit to cover unpaid rent and late fees (§ 37-6A-2(b)(1)).

Disclosures (2)

1) Lead-Based Paint Disclosure

The landlord must inform the tenant of the presence of any lead-based paint within the dwelling (required if the building was constructed before 1978).

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2) Non-refundable Fees

Non-refundable application fees or pet fees must be agreed upon in writing by both parties.