Key Takeaways
- Lease or rental contracts outline the key elements of a property rental or lease transaction.
- The specifics of these contracts can vary depending on the type of lease, duration, and the property involved, each with its legal implications.
- Categorized templates can provide a pre-structured format that caters to your unique leasing situation, eliminating the need for extensive modifications.
- Selecting a template that aligns with the state’s regulations ensures landlords and tenants know their rights and responsibilities, providing legal safeguards for both parties.
- PandaDoc offers security and transparency by providing complimentary West Virginia Lease Agreement Templates, facilitating the creation of thorough and legally sound contracts.
West Virginia Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use this agreement template to establish the terms and conditions for renting a residential property in West Virginia.
West Virginia Apartment Lease
Specifically designed for apartment rentals in West Virginia, this lease agreement covers essential details such as rent, utilities, and lease duration.
West Virginia Room Rental
Ideal for landlords renting out individual rooms within a property, this template helps establish clear guidelines for shared living spaces.
West Virginia Month-to-Month Lease
Offering flexibility without a long-term commitment, this lease agreement accommodates short-term rental arrangements in West Virginia.
Commercial Lease Agreement
Tailored for leasing commercial properties, this agreement comprehensively covers lease terms, rent adjustments, and property use regulations.
Lease to Purchase Agreement
Providing a structured framework for lease-to-own arrangements, this agreement offers tenants the opportunity to purchase the property in the future while maintaining stability for landlords.
Sublease Agreement
Facilitating subleasing arrangements, this agreement establishes clear terms between the original tenant and the subtenant.
Understanding West Virginia Rental Laws
Per West Virginia’s legal code (Chapter 37: Real Property), a lease agreement is formed when renting a property. This contract grants tenants rights like living in a habitable space and freedom from housing discrimination. Conversely, landlords have the right to collect rent, evict for breaches of the lease or unlawful activities, and seek compensation for damages beyond ordinary wear and tear.
| Laws | Name | Description |
| §37-6-31 | Renter’s bill of rights and tenant protection act; limiting rental rate increases; exclusions; definitions; effective date | Establishing exclusions and definitions and providing an effective date, a bill to limit rental rate increases under certain circumstances. |
| §37-6-30 | Landlord to deliver premises; duty to maintain premises in fit and habitable condition | The landlord is responsible for providing the premises and must ensure that they are maintained in a condition fit for use and suitable for habitation. |
| §37-6A-2 | Security deposits | Regulates security deposit collection, handling, and return, including maximum allowable amounts and itemized deductions. |
| §37-6-5 | Notice to terminate tenancy | Establish notice requirements for both landlords and tenants terminating lease agreements. |
| §37-6-19 | Right of reentry; ejectment; unlawful detainer; judgment by default | The right to enter again; eviction; illegal possession; court decision without trial. |
Security Deposit limits
- Deposit Limit: West Virginia doesn’t regulate a maximum limit on the deposit, but it should be a reasonable agreed-upon amount
- Permissible Deductions: Unsettled rent, utility bills, and late charges
- Damage Expenses: Costs associated with property damage
- Noncompliance Costs: Expenses arising from the tenant’s failure to comply
- Removal and Storage: Costs for removing and storing property
- Lease Charges: Fees specified in the lease agreement
- Deadline for Return: Either 45 (after the next tenant moves in) or 60 days (after the lease term ends)
- Itemization: Mandatory for all deductions
- Late Return Penalty: 2.5 times the due amount plus court expenses
Eviction Procedures
| The Basis for Eviction | Notification Timeframe | Rectifiable |
| Rent Not Paid | Instantaneous | No |
| Lease Expiry or Absence of Lease | 30 Days | No |
| Breach of Lease | Instantaneous | No |
A landlord can evict a tenant in West Virginia who breaches the lease agreement or fails to adhere to the state’s landlord-tenant regulations. The landlord can proceed with eviction immediately without any prior notice.
Examples of lease breaches include:
- Keeping an unapproved pet, guest, or vehicle
- Parking in a restricted area
- It’s important to keep a certain standard of cleanliness.
In West Virginia, it’s prohibited for a landlord to evict a tenant by forcibly:
- Altering the locks
- Disconnecting utilities
- Disposing of the tenant’s possessions
Contrary to many states, West Virginia doesn’t have a specific law detailing self-help eviction methods. A tenant can only be lawfully evicted through a court order following the formal eviction procedure.
Right to Enter (Landlord)
In West Virginia, property owners have certain privileges regarding access to leased premises. Landlords can enter the property for certain reasons unless the lease agreement specifies otherwise. The reasons for entering the property include:
- To carry out an inspection
- To perform maintenance and repair tasks
- For any other justifiable reasons required for adherence to legal standards
In emergencies, landlords in West Virginia are legally allowed to access the rental property without obtaining consent from the tenant. Additionally, with a reasonable notice period, they can enter the property for reasons related to legal compliance, such as conducting repairs to ensure the property meets the necessary codes.
Disclosures
- Lead Paint: This is for all units built before 1978.
Optional Disclosures
- Asbestos: Tenants are informed about potential asbestos risks in the property and advised to avoid disturbing asbestos fibers to minimize hazards.
- Bed Bugs: Tenants are notified if the property or neighboring units have a history of suspected bed bug infestations. Tenants are reminded to report any alleged infestations promptly.
- Landlord’s Name and Address: The landlord’s or authorized agent’s name and address are provided to facilitate the delivery of important legal notices.
- Late/Returned Check Fees: The lease specifies any late or returned check fees. In West Virginia, late fees must be “reasonable,” and returned check fees are capped at $25. 10 days of advance written notice is required before legal action can be taken for fee collection.
- Medical Marijuana Use: Tenants are informed about the property’s policy regarding medical marijuana use. Some state laws permit landlords to limit marijuana use to non-smoking methods or designate specific smoking areas.
- Mold Disclosure: Tenants are informed about any known or suspected mold contamination on the property, including remediation efforts, to help limit landlord liability.
- Move-in Checklist: An inventory of existing property damage is taken when the tenant takes possession of the rental property. This aids in accurate deductions from the security deposit upon move-out.
- Non-Refundable Fees: Any charges not agreed upon in the lease may be refundable upon lease termination. For a fee to be non-refundable in West Virginia, it must be disclosed and agreed upon in the lease.
- Shared Utility Arrangements: The method of billing individual tenants is disclosed when multiple rental units share a utility meter, and the landlord charges separately for utilities.
- Smoking: Tenants are informed about designated smoking areas that do not disturb other tenants’ peaceful enjoyment of the property.
