A summary of West Virginia Landlord Tenant Laws based on state law statutes as they apply to residential lease agreements executed between landlords and tenants.
Required Disclosures (by Landlords)
Nonrefundable Fees: The purpose of all nonrefundable fees or deposits must be stated in writing. Any fee or deposit not designated as nonrefundable is refundable. (W.Va. Code § 37-6A-1(14) Nonrefundable fee must be expressly agreed to in writing.
Security Deposit Limit
West Virginia does not limit the amount of a deposit.
Deadline for Returning Security Deposit
The security deposit must be returned within 60 days from the last day of tenancy or 45 days from the date a new tenant moves in (if the total amount of time is shorter than 60 days). If it’s discovered that the premises have damage exceeding the amount of the security deposit, an additional 15 days is allowed for the landlord to provide the tenant an itemized statement of deductions.
Small Claims Lawsuits
Magistrate Court will hear any dispute (including landlord-tenant) up to $5,000.
West Virginia does not have any state legislation for late fees. Therefore, each lease agreement must a late fee provision or one cannot be charged.
One month is required to change the terms of a month-to-month tenancy. Leases of a longer length need to have any future changes already mentioned in writing. Otherwise, no changes can be made without renewing or modifying with the permission of both parties.
Termination and Eviction
West Virginia Code § 55-3A-1 grants the landlord permission to immediately file for eviction and serve an unconditional quit notice for failure to pay rent, a violation of any lease provision, or damage to the property.
West Virginia Code § 48-27-503 allows a court to grant possession of the residence jointly shared by parties at the time of abuse.
West Virginia Lease Agreement
West Virginia Landlord-Tenant Law Statutes
West Virginia Code §§ 37-6-1 to 37-6A-6.