West Virginia Room Rental Agreement

Legal Aspects

Learning the rental laws is the key to understanding a West Virginia room rental agreement. This agreement is strictly bound by state legislation and ordinances for enforceability. In some sections, it also contains federal housing protections. 

Access to the Room

• Permitted entry: West Virginia landlords can enter to inspect, make repairs, address legal compliance issues, and for emergencies without tenant consent. Reasonable notice is required except in emergencies.

• Showing unit: Landlords cannot show occupied units without tenant permission. There are no limits on inspection frequency as long as entry isn’t harassing.

• Notice of entry: At least 24 hours’ notice is generally reasonable for standard entries, but this is determined case-by-case. Verbal or written notice methods are allowed.

• Right of refusal: Tenants can often refuse access outside emergencies and compliance entries. Refusing lawful access risks eviction, lease cancellation, or landlord lawsuits.

• Changing locks: Tenants can change locks if not prohibited in the lease but must provide copies of new keys for legal entries.

• Legal redress: Illegal entries allow tenants to recover damages, get court orders stopping access, or cancel the lease.

Guest & Pets Policy

• Guest policy:  Tenants can have guests in rented rooms for reasonable periods. Standard leases provide guest rules to protect property.

• Banning guests: Landlords may ban specific guests if they violate rental rules, cause disturbances, or stay too long without applying as a tenant.
• Pet policy: Tenants must follow all pet rules and restrictions listed in the contract. Landlords can update policies when leases expire.

• Pet damage responsibility: Tenants are responsible for any damages caused by their guests or pets per West Virginia laws.

• Assistance/service animals: Disabled tenants can request exemption from pet policies for assistance animals needed to alleviate disability impacts.

Security Deposit Regulation

• Maximum allowed amount: Landlords can charge security deposits, typically equal to one (1) month’s rent.

• Refund of security deposit: Landlords must return security deposit balances within the applicable notice period after tenancy termination, alongside any damages/charges itemization.

• Permitted deductions: Security deposits can be utilized to clear unpaid rent, tenant damages beyond wear and tear, unpaid utilities, storage fees for abandoned property, and other lease-specified charges.

• Tenant notification: If third-party repairs for tenant damages exceed the deposit amount, landlords must notify tenants in writing within 15 days and provide associated cost itemizations.

• Immediate rent credit: Tenants aren’t entitled to an automatic rent credit for their security deposit amount when their tenancy ends.