Free West Virginia Lease Agreement Template

A West Virginia lease agreement is a written contract between a landlord and a tenant that explains the terms for renting a residential property in West Virginia. It covers the rent amount, when rent is due, how the security deposit works, who handles repairs, and the rules for using the property.

Landlords use a West Virginia lease agreement when renting out a house, apartment, condo, or room. Putting everything in writing helps prevent disputes and makes sure both sides understand their rights and responsibilities under West Virginia law.

West Virginia gives landlords and tenants flexibility but still sets important rules your lease should follow. Key points include:

• Rent control: The state does not impose rent control, so landlords may set rent at market rates. Cities and counties can create their own rules, but most areas do not have local rent control.
• Late fees: There is no statewide cap on late fees. Any late fee must be clearly stated in the lease so tenants know what to expect.
• Grace period: West Virginia law does not require a grace period for late rent. If you want to offer one, you should add it to your lease agreement.
• Landlord licensing: West Virginia does not require a statewide landlord license. However, local governments may have their own registration or inspection rules, especially for multi-unit properties.
• Rental applications: Many landlords use a rental application to screen prospective tenants before signing a lease.

Document Genius’s step-by-step questionnaire helps you reflect these rules in your West Virginia lease agreement so your document stays clear and consistent.

West Virginia landlords must provide certain information to tenants, either in the lease or in attached documents.

• Lead-based paint disclosure: For homes built before 1978, federal law requires a lead-based paint disclosure and an EPA information pamphlet explaining the risks of lead hazards under 42 U.S.C. § 4852d.
• Nonrefundable fees: If any part of the money collected at move-in is nonrefundable, the landlord must say so in the lease. West Virginia law requires nonrefundable charges to be clearly identified so tenants know what they will not get back (see WV Code § 37-6A-1).

Document Genius prompts you to add these disclosures so your lease is transparent and easier to enforce.

West Virginia has specific rules for how security deposits are handled. Your lease should match these requirements:

• Maximum deposit: State law does not set a maximum security deposit amount. Landlords may choose a reasonable deposit based on the property and tenant risk.
• Receipts and interest: Landlords do not have to provide separate deposit receipts or pay interest on deposits unless required by a local rule or agreed to in the lease.
• Return deadline: Landlords must return the security deposit, minus any lawful deductions, within 60 days after the tenancy ends or after the landlord discovers the tenant has left, whichever is later. This rule appears in WV Code § 37-6A-2.
• Itemized deductions: If the landlord keeps any portion of the deposit, they must provide an itemized list of damages or other charges, along with any remaining balance, within the same 60-day period (WV Code § 37-6A-2).
• Allowable deductions: Landlords may deduct for unpaid rent, lease violations, and damage or cleaning costs that go beyond normal wear and tear.

Including these deposit rules in your West Virginia lease agreement sets clear expectations for move-out and reduces disputes.

Your West Virginia lease agreement should explain how rent works from the start of the tenancy.

• Rent due date: State law lets landlords and tenants choose the rent due date in the lease. Rent is usually due at the beginning of each rental period, often on the first of the month.
• Rent control: There is no statewide rent control in West Virginia. Landlords can raise rent after the lease term ends or as allowed in a month-to-month agreement, as long as they provide proper notice and follow any local rules.
• Late fees and grace periods: West Virginia does not set a maximum late fee or require a grace period. If you plan to charge late fees, describe the amount (or percentage) and when it applies. Landlords may use an immediate notice to quit for nonpayment of rent if tenants do not pay by the due date.
• Withholding rent: Tenants generally do not have the right to withhold rent because of repair issues unless a court or local program specifically allows it. Instead, most tenants must continue paying rent while working out repair problems or pursuing legal remedies. The tenant may be entitled to terminate the lease by vacating the premises or by recovering damages as a result of the property’s diminished value in a state of disrepair. Teller v. McCoy, 253 S.E.2d 114 (1978).

Document Genius helps you add rent, late fee, and notice terms so everyone understands how payments will work.

West Virginia law does not provide a detailed statewide notice rule for landlord entry, but your lease should still address how and when the landlord may access the property.

• Notice of entry: State law does not require written notice before entry. However, many landlords choose to give reasonable notice (such as 24 hours) for inspections, repairs, or showings to keep a good relationship with tenants.
• Emergency access: Landlords may enter without prior notice in an emergency, such as a fire, serious water leak, or other urgent safety issue.
• Lockouts and self-help: A landlord may not lock a tenant out or shut off utilities to force them to leave. Self-help evictions are generally not allowed, and landlords must use the court process to remove tenants.

When you create a West Virginia lease agreement with Document Genius, you can clearly describe when and how you will enter the rental unit.

Both landlords and tenants play a role in keeping a rental home safe and habitable.

• Landlord responsibilities: Landlords must deliver the rental unit in a fit and habitable condition and maintain it so that it meets applicable housing, fire, safety, and health codes. This duty is outlined in WV Code § 37-6-30.
• Tenant responsibilities: While state law does not list tenant duties in the same detail, tenants are generally expected to keep the unit reasonably clean, dispose of trash properly, not disturb neighbors, and use utilities and appliances safely and responsibly.
• Abandonment and utility issues: If a tenant fails to maintain required utilities or otherwise violates the lease, the landlord may send an immediate notice to quit for noncompliance and seek relief through the courts under WV Code § 55-3A-1.

Document Genius helps you outline repair and maintenance responsibilities in your West Virginia lease agreement so everyone knows what they must do to care for the property.

West Virginia has rules for ending a tenancy and handling any belongings left behind.

• Month-to-month tenancy: To end a month-to-month lease, a landlord generally must provide a 30-day written notice to the tenant, as described in WV Code § 37-6-5. Tenants should also give at least 30 days’ notice when they plan to move out unless the lease requires more time.
• End of a fixed-term lease: When a fixed-term lease (such as a one-year lease) ends, the tenancy typically ends automatically unless the lease renews or both parties agree to continue on a month-to-month basis.
• Unclaimed property: If a tenant leaves personal property behind, the landlord must send a notice explaining that the items will become the landlord’s property if the tenant does not claim them within 30 days. This procedure appears in WV Code § 37-6-6.

By including clear move-out and notice rules in your West Virginia lease agreement, you make the end of the tenancy more predictable for both you and your tenant.