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 Laws – Chapter 37, Article 6 (Landlord and Tenant)

Handbooks (Guides):

• Landlord-Tenant Responsibilities (Charleston Public Safety Council)
• Renters’ Rights Brochure (Office of the WV Attorney General)

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)).