What clauses are legally required in every West Virginia lease agreement?
Every West Virginia lease should identify the landlord/agent and all adult tenants, the property, the rent and due date, and the term. West Virginia has few mandatory clauses beyond the deposit-return rules (below). A lease for a term of more than one year must be in writing (§ 36-1-3); a term of more than five years must be by deed (§ 36-1-1).
West Virginia security deposit rules — the 60-day return
W. Va. Code § 37-6A-2 (enacted 2011) governs deposits:
- No cap on the deposit amount.
- Return: the landlord must return the deposit, minus deductions, with a written itemization within 60 days after the tenancy ends, or within 45 days after a new tenant occupies the unit, whichever is shorter.
- Contractor extension: if damages exceed the deposit and require a third-party contractor, the landlord gets an additional 15 days to itemize after giving timely written notice.
- Penalty: willful or bad-faith noncompliance exposes the landlord to 1.5 times the amount wrongfully withheld (§ 37-6A-5).
For a multi-state comparison, see security deposit rules every landlord must know.
Late fees and rent rules in West Virginia
West Virginia does not set a statutory cap on residential late fees. A late fee is enforceable if it is written into the lease and reasonable; there is no mandated grace period.
Notice periods to end or not renew a West Virginia lease
West Virginia notice periods:
| Situation | Notice | Statute |
|---|---|---|
| Terminate a periodic (month-to-month) tenancy | One full rental period's written notice | § 37-6-5 |
| Year-to-year tenancy | 3 months | § 37-6-5 |
| Nonpayment of rent | No pre-suit notice required — file immediately | § 55-3A-1 |
West Virginia is unusual: unlike most states, there is no notice-to-quit or cure period required before filing for nonpayment. The landlord files a verified wrongful-occupation petition and the court sets a hearing 5–10 judicial days later. Self-help eviction is still unlawful. If the lease itself requires notice, the landlord is bound by it.
What disclosures must West Virginia landlords provide?
West Virginia requires very little at the state level:
- Lead-based paint (federal): the disclosure and EPA pamphlet for pre-1978 housing.
- No general state mandate: West Virginia has no state-mandated residential-lease disclosure beyond federal lead paint (no statutory mold, flood, or agent-identity disclosure requirement).
What happens if a West Virginia lease is missing required terms?
Specific failures carry specific consequences:
- Missed 60/45-day return / no itemization: willful noncompliance exposes the landlord to 1.5 times the amount wrongfully withheld (§ 37-6A-5).
- Improper notice to end a periodic tenancy: a termination that does not give a full rental period's notice is ineffective (§ 37-6-5).
Managing rentals in more than one state? Compare West Virginia's rules with our Virginia and Ohio lease requirement guides.
Full West Virginia disclosure checklist
For a dedicated, statute-by-statute rundown of every notice a West Virginia landlord must give at signing, see our West Virginia required lease disclosures checklist.
Create your West Virginia lease agreement
Generate a legally-structured, West Virginia-specific lease agreement in minutes with our AI-powered builder — built for all 50 states.
Create your West Virginia lease agreement →Frequently asked questions
Is there a security deposit limit in West Virginia?
No. West Virginia sets no cap on the deposit amount, but it must be returned with a written itemization within 60 days of the tenancy ending, or 45 days after a new tenant occupies the unit, whichever is earlier (W. Va. Code § 37-6A-2).
How long does a West Virginia landlord have to return a security deposit?
Within 60 days after the tenancy ends, or 45 days after a new tenant takes occupancy, whichever is earlier (plus 15 more days if a contractor is needed). Bad-faith noncompliance costs 1.5 times the amount wrongfully withheld (W. Va. Code §§ 37-6A-2, 37-6A-5).
Does West Virginia require a notice before filing for nonpayment of rent?
No. West Virginia requires no pre-suit notice or cure period for nonpayment — the landlord may file a wrongful-occupation petition immediately (W. Va. Code § 55-3A-1), unless the lease itself requires notice.
Is there a late-fee limit in West Virginia?
No. West Virginia does not cap residential late fees; the fee must be in the lease and reasonable.
How much notice is required to end a month-to-month tenancy in West Virginia?
One full rental period's written notice (W. Va. Code § 37-6-5); a year-to-year tenancy requires three months' notice.
Official sources
Primary statutes and official government references for this guide. Statutes change — always confirm against the current official text before you act.