Free West Virginia Room Rental Agreement Template

A West Virginia room rental agreement is the written contract for renting one bedroom in a shared home. Deposits are governed by article 6A of chapter 37 of the West Virginia Code, headed Residential Rental Security Deposits, which applies to all residential rental premises or units used for dwelling purposes.

Its central mechanism is a deadline that moves depending on how quickly the room is filled again.

The Code defines a notice period, and it has two limbs. The notice period means within 60 days of the termination of the tenancy, or within 45 days of the occupation of the premises by a subsequent tenant, whichever time period is shorter.

Read those together and the second limb usually governs a room let. A spare bedroom in a shared house is often re-let within weeks, and the moment the next housemate moves in, a 45-day clock starts that can easily expire before the 60-day one would have.

Within that period, the deposit minus any deductions must be delivered to the tenant together with a written itemization of those damages or other charges.

There is one extension, and it is narrow. Where damages exceed the amount of the deposit and require the services of a third-party contractor, the landlord must give the tenant written notice of that fact within the applicable notice period. Having given that notice, the landlord gets an additional fifteen days to provide the itemization of damages and the cost of repair.

Two further rules in a West Virginia room rental agreement are worth knowing before anyone signs.

The Deposit Is Not a Rent Credit

Nothing in the section is to be construed as entitling the tenant, on termination of the tenancy, to an immediate credit against the tenant’s delinquent rent account in the amount of the security deposit. A housemate who stops paying the final month on the basis that the deposit will cover it is not on solid ground.

A Sale Does Not Break the Chain

The holder of the landlord’s interest in the premises at the time the tenancy ends, regardless of how that interest was acquired or transferred, is bound by the section and must return any deposit received by the original landlord that is duly owed to the tenant.

What Happens If the Rules Are Broken

Where a landlord fails to comply with any provision of the article and that noncompliance is willful or not in good faith, the tenant is entitled to judgment for the amount of any unreturned deposit, plus damages for annoyance or inconvenience equal to one and a half times the amount wrongfully withheld. Where the tenant still owes rent, the court credits the award against that rent. Claims are brought in magistrate court or circuit court in the county where the premises sit.

Tip: Because the shorter clock is triggered by someone else moving in, a departing tenant may not know it has started. Ask. Deadlines are statutory and can change, so confirm the current text before relying on one.

For a West Virginia room rental agreement, the terms worth adding are:

• The date the tenancy ends and the date possession is handed back
• Where the itemization and balance should be sent
• A written record of the room’s condition at move-in
• Which areas are shared, and how they are kept
• How utilities are divided between housemates