Updated January 10, 2025
A residential lease agreement in West Virginia is a vital legal document that clearly defines rental terms, payment details, property rules, and the responsibilities of both landlords and tenants. It protects the landlord's interests while ensuring compliance with West Virginia laws.
Our form includes:
Parties Identification
Lease Term
Rent Payment Terms
Security Deposit
Maintenance Responsibilities
State-Specific Disclosures
State-Specific Notices
These disclosures and addenda ensure compliance with state laws and protect both landlords and tenants.
Disclosure |
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Landlord's Name and Address
<p>While West Virginia law does not explicitly mandate that landlords disclose their name and address within the lease agreement, it is standard practice to include this information to facilitate effective communication between landlords and tenants.</p>
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Landlord's Name and Address
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While West Virginia law does not explicitly mandate that landlords disclose their name and address within the lease agreement, it is standard practice to include this information to facilitate effective communication between landlords and tenants. |
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Lead Paint - Know Presence
<p>Applies to units built before 1978 where the presence of lead paint has been confirmed.</p>
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Lead Paint - Know Presence
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Applies to units built before 1978 where the presence of lead paint has been confirmed. |
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Lead Paint - No Know Presence
<p>Applies to units where no evidence of lead paint is present or units built after 1978.</p>
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Lead Paint - No Know Presence
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Applies to units where no evidence of lead paint is present or units built after 1978. |
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Condition of the Premises
<p>Landlords are required to deliver the rental unit and surrounding premises in a fit and habitable condition at the commencement of the tenancy. They must maintain the property to meet applicable health, safety, fire, and housing codes throughout the tenancy.</p>
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Condition of the Premises
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Landlords are required to deliver the rental unit and surrounding premises in a fit and habitable condition at the commencement of the tenancy. They must maintain the property to meet applicable health, safety, fire, and housing codes throughout the tenancy. |
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Late/Returned Fees
<p>West Virginia does not have statutory limits on late fees. Therefore, landlords can impose late fees as specified in the lease agreement.</p>
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Late/Returned Fees
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West Virginia does not have statutory limits on late fees. Therefore, landlords can impose late fees as specified in the lease agreement. |
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Mold Disclosure
<p>West Virginia law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises.</p>
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Mold Disclosure
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West Virginia law does not require landlords to disclose the presence of mold. Nonetheless, maintaining the property to prevent mold growth falls under the landlord's duty to provide habitable premises. |
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Non-Refundable Fees
<p>West Virginia law permits landlords to charge non-refundable fees, such as application or pet fees, provided these are clearly stated in the rental agreement. Transparency regarding these fees helps prevent misunderstandings.</p>
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Non-Refundable Fees
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West Virginia law permits landlords to charge non-refundable fees, such as application or pet fees, provided these are clearly stated in the rental agreement. Transparency regarding these fees helps prevent misunderstandings. |
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Smoking
<p>Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas.</p>
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Smoking
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Landlords are encouraged to specify smoking policies within the lease agreement, indicating whether smoking is permitted on the premises and, if so, any restrictions or designated areas. |
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Security Deposit Disclosure
<p>Amount Limit: There is no statutory limit on the amount landlords can charge for security deposits in West Virginia.<br>Return Timeline: Landlords must return the security deposit within 45 days after a new tenant moves in or within 60 days after the lease terminates, whichever comes first. <br>Deductions: Permissible deductions include unpaid rent and costs for repairing damages beyond normal wear and tear.</p>
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Security Deposit Disclosure
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Amount Limit: There is no statutory limit on the amount landlords can charge for security deposits in West Virginia. |
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Flood Hazard Disclosure
<p>West Virginia law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks.</p>
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Flood Hazard Disclosure
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West Virginia law does not mandate landlords to disclose if a property is in a flood zone; however, it's considered good practice to inform tenants of potential flood risks. |
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Radon Disclosure
<p>West Virginia does not require radon disclosures.<br>However, if a landlord is aware of elevated radon levels, it is prudent to inform tenants to ensure transparency and safety.</p>
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Radon Disclosure
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West Virginia does not require radon disclosures. |
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Bed Bugs Disclosure
<p>While West Virginia law does not explicitly require landlords to disclose bed bug infestations, they are obligated to control infestations before a tenant moves in and to continue addressing infestations, except in single-family dwellings or when the infestation is caused by the tenant. Tenants should promptly notify landlords if they suspect a bed bug presence.</p>
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Bed Bugs Disclosure
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While West Virginia law does not explicitly require landlords to disclose bed bug infestations, they are obligated to control infestations before a tenant moves in and to continue addressing infestations, except in single-family dwellings or when the infestation is caused by the tenant. Tenants should promptly notify landlords if they suspect a bed bug presence. |
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Addenda |
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The lease agreement must include the full name and address of the landlord or their authorized agent. Under West Virginia Code, Chapter 37 (Real Property), landlords must provide tenants with accurate contact information for legal notices and maintenance issues.
Landlord Requirements:
West Virginia landlords must follow federal Title X disclosure laws, ensuring tenants are informed of any lead-based paint risks in properties built before 1978.
Landlord Requirements:
The lease must document the property’s condition to protect both parties, under West Virginia Code § 37-6-30. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
Landlord Requirements:
Explore lease agreement forms from other states to ensure compliance and simplify rentals.