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    West Virginia Residential Lease Agreement

    West Virginia sets no statewide ceiling on security deposits, but the landlord must refund it within 60 days after the lease ends.

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    West Virginia lease rules at a glance

    Key West Virginia rules for a residential lease, with the statute behind each
    RuleWhat the law says
    Security deposit capNo state capW. Va. Code art. 37-6A (no amount limit)
    Deposit return deadline60 days after the lease endsW. Va. Code § 37-6A-2(a), (c), (g), W. Va. Code § 37-6A-1(7) ('notice period')
    Late feesNo state cap · grace period: no state grace periodW. Va. Code § 37-6A-2(b)(1) ('reasonable charges for late payment of rent specified in the rental agreement'), W. Va. Code art. 37-6 (no late-fee provision), W. Va. Code art. 37-6 (no grace-period provision), W. Va. Code art. 37-6A (no grace-period provision)
    Landlord entry noticeNo state ruleW. Va. Code art. 37-6 (Landlord and Tenant; no entry-notice provision), W. Va. Code art. 37-6A (no entry-notice provision)
    Ending a month-to-month lease30 days (either side)W. Va. Code § 37-6-5
    Rent increase noticeNo state ruleW. Va. Code art. 37-6 (no rent-increase provision), W. Va. Code § 37-6-5
    Rent controlNo statewide rent controlW. Va. Code § 37-6 (article), W. Va. Code § 37-6A (article)
    Eviction notice for unpaid rentNo state ruleW. Va. Code § 55-3A-1, W. Va. Code § 37-6-19

    West Virginia lease disclosures checklist

    West Virginia's landlord-tenant statutes require no state-specific move-in disclosures, but landlords of pre-1978 housing must give the federal lead-paint disclosure and EPA pamphlet before the lease is signed (42 U.S.C. § 4852d; 40 CFR Part 745). (40 CFR Part 745 Subpart F)

    MakeLease generates a customizable lease; add these West Virginia disclosures and terms.

    Before you sign in West Virginia

    If a deposit is withheld wrongly
    A landlord whose noncompliance is willful or not in good faith owes the unreturned deposit plus 1.5 times the amount wrongfully withheld, credited against any unpaid rent (W. Va. Code § 37-6A-5(a)). (W. Va. Code § 37-6A-5, W. Va. Code § 37-6A-4 (waiver clauses unenforceable; actual damages and attorney's fees if landlord sues to enforce one))
    Deductions from the deposit
    Any deductions must be listed in a written itemization delivered with the deposit balance, and landlords must keep itemized deduction records for one year (W. Va. Code §§ 37-6A-2(a), 37-6A-3). (W. Va. Code § 37-6A-2(a), W. Va. Code § 37-6A-3)
    Interest on the deposit
    West Virginia law does not require landlords to pay interest on security deposits (W. Va. Code art. 37-6A is silent on interest). (W. Va. Code art. 37-6A (silent on interest))
    Rent control and increases
    West Virginia has no rent control law; the landlord-tenant articles of the Code (W. Va. Code ch. 37, arts. 6 and 6A) govern leases and deposits but do not limit rent amounts. (W. Va. Code § 37-6 (article), W. Va. Code § 37-6A (article))
    If rent goes unpaid
    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). (W. Va. Code § 55-3A-1, W. Va. Code § 37-6-19)

    West Virginia lease FAQs

    How much can a landlord charge for a security deposit in West Virginia?

    West Virginia sets no limit on the amount of a security deposit (W. Va. Code §§ 37-6A-1 to -6) (W. Va. Code art. 37-6A (no amount limit)).

    How long does a West Virginia landlord have to return a security deposit?

    Landlords must deliver the deposit minus deductions, with a written itemization, within 60 days after the tenancy ends or within 45 days after a new tenant moves in, whichever is shorter (W. Va. Code §§ 37-6A-1(7), 37-6A-2(a)) (W. Va. Code § 37-6A-2(a), (c), (g)).

    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')). 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 before entering a rental?

    West Virginia has no statute on landlord entry or advance notice, so the lease governs; giving reasonable notice (commonly 24–48 hours) except in emergencies is the safe practice (W. Va. Code arts. 37-6 and 37-6A) (W. Va. Code art. 37-6 (Landlord and Tenant; no entry-notice provision)).

    How much notice ends a month-to-month tenancy in West Virginia?

    To end a West Virginia month-to-month tenancy, either side must give written notice covering one full rental period that ends at the close of a period, which in practice means delivering it before the next rent due date (W. Va. Code § 37-6-5).

    What disclosures does a West Virginia lease need?

    West Virginia's landlord-tenant statutes require no state-specific move-in disclosures, but landlords of pre-1978 housing must give the federal lead-paint disclosure and EPA pamphlet before the lease is signed (42 U.S.C. § 4852d; 40 CFR Part 745) (40 CFR Part 745 Subpart F). The list covers Lead-based paint disclosure and EPA pamphlet.

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