Free West Virginia Lease & Rental Agreement

Last updated September 27, 2026

Written by LawLease Editorial

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West Virginia Residential Lease Agreement

A West Virginia residential lease (also called a West Virginia rental agreement) sets the rent, term and house rules for a home rental. A West Virginia residential lease agreement is governed by Chapter 37, Article 6 of the West Virginia Code (landlord and tenant), Article 6A (residential security deposits), and the summary-eviction procedure in Chapter 55, Article 3A. West Virginia leaves most terms to the lease itself — no deposit cap, no late-fee cap, no entry-notice rule — but its deposit-return deadline is unusual and its habitability duties are firm.

West Virginia landlord–tenant law at a glance

West Virginia residential lease law summary
Security deposit limit	No statutory capW. Va. Code §37-6A-2
Deposit return	The shorter of 60 days after the tenancy ends or 45 days after a new tenant moves inW. Va. Code §37-6A-1(7)
Late fees	No statutory cap; should be reasonable and specified in the rental agreement
Rent-increase notice	No specific statute; a periodic tenancy can be ended on one full rental period’s notice, so give at least that much notice of an increaseW. Va. Code §37-6-5
Landlord entry	No statutory notice period — the lease controls
Month-to-month termination	One full rental period (one month) before the end of a periodW. Va. Code §37-6-5
Nonpayment eviction	No statutory pre-suit notice; court hearing 5–10 judicial days after filingW. Va. Code §55-3A-1
Rent control	None — no state or local rent regulation

Security deposits in West Virginia

West Virginia sets no maximum security deposit, no separate-account requirement, and no interest requirement. Its Article 6A rules focus on how the deposit may be used and when it must come back — and the deadline works differently than in any neighboring state.

The “shorter of” deadline — The deposit, minus lawful deductions, must be returned with a written itemization within the “notice period”: 60 days after the tenancy ends or 45 days after a new tenant occupies the unit, whichever is shorter (§§37-6A-1(7), 37-6A-2(a)). Re-renting quickly pulls the deadline forward.
Permitted deductions — Unpaid rent (including reasonable late charges specified in the rental agreement), damage beyond reasonable wear and tear, unpaid utilities the landlord paid on the tenant’s behalf, reasonable removal and storage of the tenant’s belongings, and other charges provided for in the agreement (§37-6A-2(b)).
15-day extension — If the damage exceeds the deposit and needs a third-party contractor, the landlord may notify the tenant in writing within the notice period and take an extra 15 days to itemize (§37-6A-2(c)).
Delivery — By hand or by mail to the tenant’s last known or forwarding address; if it comes back undeliverable, the landlord holds it for six months for pickup (§37-6A-2(g)).
Records — The landlord must keep itemized deduction records for one year after the tenancy ends and let the tenant inspect or copy them within 72 hours of a written request (§37-6A-3).
Penalty — A landlord who willfully or in bad faith fails to comply owes the unreturned deposit plus damages of one and a half times the amount wrongfully withheld (§37-6A-5).

Rent, late fees & rent increases

Rent amount, due date, and grace period are matters of contract in West Virginia. There is no statewide rent control statute, and no West Virginia city has adopted rent control.

Late fees — No statute caps late fees. The deposit statute refers to “reasonable charges for late payment of rent specified in the rental agreement” (§37-6A-2(b)(1)), so a late fee should be written into the lease and kept reasonable.
Rent increases — During a fixed-term lease, rent can change only if the lease allows it. For a periodic tenancy, West Virginia has no dedicated rent-increase statute; because the landlord could otherwise end the tenancy on one full rental period’s notice (§37-6-5), an increase should be given with at least that much written notice.

Landlord entry & access

West Virginia has no statute setting a notice period for landlord entry. The lease governs, backed by the tenant’s common-law right to quiet enjoyment. A clear clause — reasonable advance notice, reasonable hours, and immediate entry only in an emergency — avoids disputes.

Ending a West Virginia tenancy

A periodic tenancy ends by written notice tied to the rental period. The parties can agree in the lease to a different notice period, and no notice is needed at all when a fixed-term lease is set to end on a certain date (§37-6-5).

Notice to end a West Virginia periodic tenancy (§37-6-5)
Week-to-week	One full week before the end of a period
Month-to-month	One full month before the end of a period
Year-to-year	At least 3 months before the end of the year
Fixed term	No notice required — ends on its date

Summary eviction — A landlord may petition magistrate or circuit court for possession when the tenant is behind on rent, has breached a lease covenant, or has damaged the property. The hearing is set 5 to 10 judicial days after the request; the statute does not impose a separate 3- or 5-day pre-suit notice to quit (§55-3A-1).
Domestic violence — West Virginia has no statute letting a domestic-violence survivor end a lease early — proposals such as 2025’s HB 2828 did not pass. A family protection order can grant exclusive possession but does not by itself end rent liability.
Military — Servicemembers with qualifying orders may terminate under the federal Servicemembers Civil Relief Act (50 U.S.C. §3955).

Required disclosures in West Virginia

West Virginia has no statewide mold, bedbug, radon, or flood disclosure requirement for residential leases.

Lead-based paint — Federal warning and known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
Deposit terms — West Virginia doesn’t mandate a deposit-receipt form, but any deduction beyond rent and damage — such as cleaning or third-party repair costs — must be provided for in the rental agreement to be taken from the deposit (§37-6A-2(b)(5)).

Habitability & repairs

A West Virginia landlord must deliver the unit in a fit and habitable condition and keep it that way: comply with applicable health, safety, fire, and housing codes; keep common areas clean, safe, and in repair; make repairs needed to keep the unit habitable; maintain electrical, plumbing, heating, and air-conditioning systems the landlord supplies; provide garbage facilities in multi-unit buildings; and, where the unit is on public utility connections, supply running water, reasonable hot water at all times, and reasonable heat from October 1 through April 30 (§37-6-30(a)).

Two limits matter: the landlord isn’t responsible for damage caused by the tenant’s lack of reasonable care, and the statute does not require the landlord to make repairs while the tenant is behind on rent (§37-6-30(c)). A lease can impose greater duties on the landlord than the statute does, and the greater duty then controls (§37-6-30(b)).

Tenant protections you can’t waive

Deposit rights — A lease can’t make the tenant waive any Article 6A deposit right. Such a clause is unenforceable, and a landlord who sues to enforce one owes the tenant’s actual damages and attorney’s fees (§37-6A-4).
Habitability — The §37-6-30 duties are statutory minimums; a lease can add to them but should not purport to reduce them.
Court process — Possession is recovered through the court process in Chapter 55 — not by changing locks or removing the tenant’s belongings.
Retaliation — West Virginia courts recognize retaliatory eviction as a defense when a landlord acts to punish a tenant for asserting legal rights.

West Virginia lease agreement FAQs

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

West Virginia sets no maximum — the amount is whatever the lease specifies. The law instead controls what the deposit can be used for and how quickly it must be returned (W. Va. Code §37-6A-2).

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

Within the shorter of 60 days after the tenancy ends or 45 days after a new tenant moves in, with a written itemization of deductions (§§37-6A-1(7), 37-6A-2). If damage exceeds the deposit and needs a contractor, notice within that period buys an extra 15 days. Willful or bad-faith withholding can cost 1.5 times the amount withheld (§37-6A-5).

Is there a limit on late fees in West Virginia?

No statute caps late fees. They should be written into the rental agreement and be reasonable — the deposit statute refers to “reasonable charges for late payment of rent specified in the rental agreement” (§37-6A-2(b)(1)).

How much notice does a West Virginia landlord need to enter?

There’s no statutory minimum. Entry notice is set by the lease; reasonable advance notice at reasonable times, with emergency access, is the standard practice.

How much notice is required to end a month-to-month lease in West Virginia?

One full rental period before the end of a period — so a full month for a monthly tenancy. Year-to-year tenancies need three months’ written notice, and the lease can set a different period by agreement (§37-6-5).

Does a West Virginia landlord have to give notice before filing an eviction?

The summary-eviction statute doesn’t require a pre-suit 3- or 5-day notice to quit. The landlord files a verified petition stating the arrearage or breach, and the court sets a hearing 5 to 10 judicial days out (§55-3A-1). Ending a periodic tenancy for other reasons still requires the §37-6-5 notice.

Does a West Virginia lease need to be notarized?

No. A residential lease is enforceable once both parties sign. A lease that runs longer than a year should always be in writing.

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