Overview
Leases are the cornerstone of a successful landlord-tenant relationship, providing a legal framework for both parties to enter a harmonious agreement.
In West Virginia, residential lease documents—including their structure, nature, and contents—are regulated by West Virginia landlord tenant laws. For this reason, it’s imperative to understand the intricacies of the law before constructing a lease.
This guide will walk you through the crucial components of a West Virginia lease, ensuring you’re well-equipped to make informed decisions and follow West Virginia tenants rights. And to make your journey easier, we’re offering a free West Virginia lease template for download!
A West Virginia lease is a legally binding document that outlines the terms and conditions governing the rental of a residential property within the state. This lease must adhere to West Virginia’s landlord-tenant laws, providing a clear framework for both landlords and tenants to follow and fostering a secure and transparent rental environment.
The following components should be included in every West Virginia lease agreement. Note that these components primarily apply to residential leases; a West Virginia commercial lease agreement will necessarily have different requirements.
Lease Term
This section specifies the lease’s start and end dates, establishing the duration of the rental agreement.
Rent
Here, you’ll find details regarding the rent rate, due date, and the status of rent control.
How much can landlords raise rent in West Virginia? West Virginia does not have any statewide rent control laws. This means landlords can choose their own rental rates based on the current market. However, keep in mind that individual cities or localities in West Virginia may have laws that regulate or restrict the price of rent. Make sure you’re aware of the laws that apply in your region.
Late Fees
The penalties for missing rent payments should be clearly stated in the lease, as should any exceptions. In West Virginia, there is no statutory limit on late fees, nor is there a mandatory grace period. This means landlords can choose their own late fees and decide when/how to enforce them. However, be sure that all West Virginia lease agreements include a detailed description of the late fee policy so that tenants know exactly what will happen if they are late on rent.
Security Deposit
This section of the lease includes details about the security deposit, including its amount, where it will be stored, and how/when it will be returned.
There is no maximum or limit for security deposits in West Virginia is. However, West Virginia does require that landlords return security deposits within 30 days after the lease ends (Senate Bill No. 545). All West Virginia rental agreements should include a clear explanation of the landlord’s security deposit policy, including the amount of the deposit, how/when it will be returned, and the conditions under which funds may be withheld from it.
Required Disclosures
This section encompasses crucial required disclosures in West Virginia, which are information that must be disclosed to the tenant in the lease before they agree to rent the property. In West Virginia, the required disclosures are:
- Lead-based paint – Landlords in all 50 states must disclose lead-based paint hazards in rental agreements for most properties built before 1978.
- Nonrefundable fees – West Virginia landlords must disclose whether any fees are nonrefundable.
Landlord Right to Entry
In West Virginia, there are no specific laws governing when a landlord can enter a rental property, but landlords should give reasonable notice before entering an occupied unit for a non-emergency reason. Be sure to include the landlord’s right of entry in all West Virginia lease agreements.
Repairs & Maintenance
The lease outlines how and when tenants should submit maintenance requests and clarifies the process for addressing necessary repairs. Every West Virginia residential lease agreement should specify which maintenance responsibilities are the landlord’s and which are the tenant’s.
Lease Termination/Renewal Procedures
This section details the procedures for early lease termination and breaking the lease, including eviction processes. Specifically, the lease should clearly state how many days’ notice the tenant needs to provide the landlord to announce their intent to either renew or terminate the lease.
A West Virginia residential lease agreement should also clearly describe what happens if the tenant breaks the lease. Before filing for eviction in West Virginia, landlords are not required to send advanced notices. However, if a West Virginia landlord does provide prior notice before eviction, the notice period should be specified to the tenant so that both parties are clear on what will happen if the tenant fails to uphold the lease agreement.
Joint and Severability Clause
This clause is for leases with multiple roommates and explains the legal consequences if one party fails to fulfill their obligations. It ensures that the entire lease isn’t invalidated due to one roommate’s breach.
Signatures
Both the landlord and tenant will sign the lease either on paper or electronically, ensuring a secure and convenient process.
West Virginia Lease Agreement Download
To make your leasing journey simpler, we offer a free, downloadable West Virginia lease agreement. This template is tailored to meet the specific requirements of West Virginia state law, making it a valuable tool for landlords and tenants.
Conclusion
Understanding the nuances of a West Virginia residential lease agreement is vital for a smooth and legal tenancy. We hope this guide has provided you with a clear understanding of the components of a West Virginia lease. To get started on the right foot, download our free West Virginia lease template and ensure a transparent, lawful, and satisfying rental experience.
