Which disclosures must a West Virginia lease include?
West Virginia landlord-tenant law (W. Va. Code Chapter 37) mandates very few lease disclosures. In practice the only disclosure required for a typical West Virginia residential lease is the federal lead-based paint disclosure for pre-1978 housing (below). West Virginia does not impose a statewide mold, flood, radon, or agent-identity disclosure requirement for residential leases.
| Disclosure | Authority | Applies To |
|---|---|---|
| Lead-based paint hazard + EPA pamphlet | Title X (federal) | Housing built before 1978 |
As a matter of good practice — and to avoid fraud or misrepresentation claims — a West Virginia landlord should still put the landlord or agent's name and address in the lease, disclose any known material defect that affects health or safety, and note flood history where relevant, even though the state does not require it by statute.
Federal lead-based paint disclosure
Federal law overlays West Virginia's own rules here. Any pre-1978 rental triggers Title X (42 U.S.C. § 4852d): the landlord must supply a signed lead-warning statement, disclose known lead hazards, share available inspection records, and give the tenant the EPA booklet Protect Your Family From Lead in Your Home. Skipping it exposes the landlord to civil and, in serious cases, criminal liability.
What happens if a West Virginia landlord skips a required disclosure?
Consequences depend on the disclosure:
- A missed 60/45-day itemized deposit return, if willful, exposes the landlord to 1.5 times the amount wrongfully withheld (W. Va. Code § 37-6A-5).
- A federal lead-paint violation carries civil and, in egregious cases, criminal penalties plus liability for tenant damages.
For the full set of West Virginia lease rules — deposits, late fees, and notice periods — see What Must a West Virginia Lease Agreement Include. Managing rentals in more than one state? Compare West Virginia's list with our Virginia and Ohio disclosure checklists, and see the baseline in What Every Residential Lease Agreement Must Include.
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Create your West Virginia lease agreement →Frequently asked questions
What disclosures are required in a West Virginia lease?
Very few. For a typical West Virginia residential lease the only required disclosure is the federal lead-based paint disclosure for pre-1978 housing. West Virginia has no statewide mold, flood, radon, or agent-identity disclosure mandate, though disclosing the landlord's contact information and any known material defect is good practice.
Does West Virginia require a mold or flood disclosure?
No. West Virginia has no statewide statutory requirement to disclose mold or flood history for residential leases, though fraud and misrepresentation law still applies to known defects.
Does West Virginia require a lead-paint disclosure?
Yes, for pre-1978 housing. This is a federal requirement: the signed lead-warning disclosure, known records, and the EPA pamphlet.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.