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    West Virginia Late Fee Law

    No West Virginia statute caps residential late fees or requires a grace period; the lease sets both.

    Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed

    West Virginia late fee law at a glance

    What West Virginia law says

    Is there a limit on late fees in West Virginia?

    West Virginia sets no numeric cap on residential late fees, but only reasonable late charges specified in the rental agreement may be taken from the deposit (W. Va. Code § 37-6A-2(b)(1)) (W. Va. Code § 37-6A-2(b)(1) ('reasonable charges for late payment of rent specified in the rental agreement')).

    Does West Virginia require a grace period before a late fee?

    West Virginia law sets no grace period before a late fee may be charged; timing follows the rental agreement (W. Va. Code arts. 37-6 and 37-6A contain no grace period) (W. Va. Code art. 37-6 (no grace-period provision)).

    How much notice must a West Virginia landlord give for unpaid rent?

    West Virginia law requires no notice to pay or quit before an eviction for unpaid rent; the landlord may file a verified petition for summary relief in magistrate or circuit court once the tenant is in arrears (W. Va. Code § 55-3A-1).

    How West Virginia compares

    31 of 51 verified jurisdictions set no statutory cap. 14 require a grace period.

    Kentucky and Pennsylvania follow the same rule as West Virginia; 3 of its 5 neighbors differ.

    Late-fee cap · grace periodStates
    No state cap · noneWest Virginia, Kentucky, Pennsylvania
    Statutory formula · noneMaryland, Virginia
    Reasonableness (case law) · noneOhio

    Other West Virginia rules

    Read the West Virginia law

    Put the late fee and grace period in writing

    Report an outdated or wrong rule