West Virginia Residential Lease Agreement Form
- Lead-Based Paint Disclosure - Realtors and landlords are obliged to disclose to tenants if the property was built before 1978. This is because lead-based paint may have been used in the structure. Landlords are also duty-bound to provide educational materials about the dangers of lead-based paint (Lead-Based Paint Hazard Reduction Act of 1992 § 1018).
- Non-Refundable Fees - All non-refundable fees must be noted in the fillable lease agreement form. Non-refundable fees refer to the application fee, which is collected before the lease is signed, and the pet fee, which is a form of security deposit for tenants with pets that may cause damage to the property (WV Code § 37-6A-1).
Rent Grace Period
No law or statute determines the rent grace period in West Virginia. This means that if the tenant fails to pay rent day it is due, they may receive immediate notice to quit from the landlord. This notice informs the tenant they will be removed from the property.
There is no cap on the amount a West Virginia landlord can collect as a security deposit.
Unlike the rental application fee, the security deposit is refundable. The landlord has 60 days to return the security deposit to the tenant from the termination of the tenancy. If a new tenant is renting the property, the landlord must return the security deposit to the previous tenant within 45 days.
The landlord may deduct a certain amount from the security deposit before turning it over to the tenant. Some of the permitted deductions are unpaid rent, damage to the property incurred due to non-compliance with the rental agreement, expenses for the removal and storage of items left behind by the tenant, among others.
In cases of serious damage or break in the property and the amount needed for repair exceeds the security deposit, West Virginia law states: “The landlord shall give written notice to the tenant, advising them of that fact, within the applicable notice period. If notice is given as prescribed in this subsection, the landlord shall have an additional 15-day period to provide an itemization of the damages and the cost of repair” (WV Code § 37-6A-2c).