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West Virginia

A West Virginia lease agreement is a legal contract between a landlord and a tenant for the rental of a residential property. This document outlines the terms of the rental arrangement, including the duration of the lease, rental payment details, and the rights and responsibilities of both parties.

Required Disclosures

In West Virginia, certain disclosures are mandatory in residential lease agreements:

  1. Lead-Based Paint Disclosure: For properties built before 1978, landlords must provide a lead-based paint disclosure and an Environmental Protection Agency (EPA) pamphlet regarding the hazards of lead-based paint.
  2. Nonrefundable Fees: Any nonrefundable fees, such as application or pet fees, must be clearly stated in the lease agreement and agreed upon by both parties.

Security Deposit Regulations

West Virginia law does not impose a maximum limit on security deposits. Key points regarding security deposits include:

  • Returning: Security deposits must be returned within 60 days of the end of the tenancy or within 45 days if a new tenant moves in, whichever is shorter.
  • Itemized List Required: If deductions are made from the security deposit for damages, landlords must provide an itemized list of these deductions to the tenant.
  • Separate Bank Account: Landlords are not required to keep security deposits in a separate bank account.

Rent Payment Guidelines

The regulations regarding rent payments in West Virginia are as follows:

  • Grace Period: There is no grace period for paying rent.
  • Maximum Late Fee: There is no maximum late fee specified in state statutes, but landlords may charge a late fee that is considered reasonable.
  • Bad Check (NSF) Fee: Landlords can charge a fee of up to $25 for checks that bounce due to insufficient funds.
  • Withholding Rent: Tenants do not have the right to withhold rent for repairs or other issues; landlords are not obligated to make repairs if rent is unpaid.

Landlord's Right of Entry

West Virginia law does not specify a notice period for landlords to enter rental properties. However, landlords may enter the property without consent in cases of emergency.

Breaking a Lease

Key points regarding breaking a lease include:

  • Non-Payment of Rent: Landlords may evict tenants for non-payment of rent without serving a notice to quit.
  • Non-Compliance: Landlords can initiate an unlawful detainer suit immediately for tenant non-compliance with lease terms.
  • Lockouts: It is illegal for landlords to lock tenants out of their rental units.
  • Leaving Before the End Date: If a tenant abandons the property without paying rent, the landlord may take possession after 30 days by posting a notice on the premises.

Lease Termination

For lease termination, the following applies:

  • Month-to-Month Tenancy: Either party can terminate a month-to-month lease with a 30-day notice.
  • Unclaimed Property: If personal property is left behind, landlords must notify tenants that they have 30 days to reclaim it, or it will become the landlord's property.

Types of Lease Agreements

West Virginia recognizes several types of lease agreements, including:

  1. Residential Lease Agreements: Standard agreements for renting residential properties.
  2. Rent-to-Own Lease Agreements: Allow tenants to rent with an option to purchase the property.
  3. Month-to-Month Rental Agreements: Can be renewed or terminated on a monthly basis.
  4. Commercial Lease Agreements: For properties intended for business use.
  5. Room Rental Agreements: For renting individual rooms in shared properties.
  6. Sublease Agreements: Allow tenants to reassign their lease to another individual with the landlord's permission.

This overview provides essential information regarding lease agreements in West Virginia, ensuring compliance for both landlords and tenants.

FAQs

In West Virginia, landlords must provide a Lead-Based Paint Disclosure for properties built before 1978 and disclose any nonrefundable fees in the lease agreement. This ensures tenants are aware of potential health hazards and the financial terms of their lease.

Landlords in West Virginia must return a tenant’s security deposit within 60 days of the end of the tenancy or within 45 days if a new tenant moves in, whichever is shorter. An itemized list of any deductions must also be provided.

No, West Virginia does not have a statutory grace period for rent payments. Rent is typically due on the date specified in the lease agreement, and landlords can take action for non-payment immediately after the due date.

Yes, landlords can charge late fees in West Virginia, but there is no maximum limit set by state law. However, any late fees must be considered reasonable and should be clearly stated in the lease agreement.

If a tenant leaves personal property behind, the landlord must notify the tenant that they have 30 days to collect it. If the tenant does not claim the property within that time, it becomes the landlord’s property.

No, West Virginia law does not require landlords to provide notice before entering a rental property. However, it is generally recommended to give at least 24 hours’ notice as a courtesy.

Landlords must clearly disclose any non-refundable fees, such as application or pet fees, in the lease agreement. These fees must be agreed upon in writing to ensure they are not included in the security deposit.

Yes, a lease can automatically renew in West Virginia. After the initial term, it typically converts to a month-to-month rental agreement unless otherwise specified in the lease.