West Virginia Rental Agreement Templates

West Virginia Rental Agreement

West Virginia rental lease agreements allows a landlord with residential or commercial property to legally permit a tenant to live and use the premises in exchange for monthly rent. The most common term is twelve (12) months but can be any type of arrangement as long as both parties agree.
It is common for the landlord to check the tenant’s credit and job status before authorizing a lease contract. This process allows the landlord to verify the tenant’s income to make sure that they can afford the monthly payment. If the housing structure was built prior to 1978, the landlord will need to issue the lead-based paint disclosure form to the tenant, have the tenant sign, and attach the disclosure to the rental contract.

West Virginia Residential Lease Agreement

The West Virginia residential lease agreement (“rental agreement”) legally binds a lessor (“landlord”) and lessee (“tenant”) to a rental contract for residential property. After the lease is signed and the first month’s rent plus a security deposit is paid, the tenant will be given access to the premises. 

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West Virginia Month-to-Month Rental Agreement

West Virginia month-to-month rental agreement allows a landlord (“lessor”) and tenant (“lessee”) to create a contract under which the tenant is permitted to occupy a residence that can be canceled at any time with one (1) month’s notice. Payment by the tenant must be made on the date specified in the lease for the tenancy to extend for another monthly period.

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West Virginia Rental Application Form

A West Virginia rental application is the only legal tool available for a landlord to protect themselves financially by checking the tenant’s information before the authorization of a lease agreement. A tenant should be issued this form and fill it in as best he or she can with the following:

  • Current and past employment, addresses, and property owners/managers
  • Social security number
  • Income

Upon the tenant’s signature, the landlord will be able to legally look up a person’s credit report, perform a background check, and contact all available references. The landlord is able to charge a fee to the tenant for performing the verification which also shows the level of interest in the space by the applicant.

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West Virginia Roommate Agreement

The West Virginia roommate agreement (“room rental agreement”) is a contract between the occupants of shared rental property (“co-tenants”). Each co-tenant’s financial obligation is stated, as well as any rules associated with living on the property. Each co-tenant must sign the contract per West Virginia state law. Signing this agreement is an important step to embark upon, so it should be handled responsibly. Some well-crafted paperwork should be generated to adequately document the agreed-upon terms and conditions. Notice the slight but notable difference in being a tenant who has signed a Master Lease. For one, the Master Tenant(s) is the only one with whom the Landlord has technically entered a binding contract. This is quite different than simply allowing someone to live on a property as a roommate. In fact, the Master Lease does not address any non-signature parties’ roommate or otherwise. The burdens of any roommate contract will remain on the roommates themselves. A separate agreement is therefore valuable in that some important factors can be detailed (i.e., how much rent/utility/amenities each roommate is liable for) in a reliable manner easily referenced in the future.

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West Virginia Commercial Lease Agreement 

The West Virginia commercial lease agreement is a contract that allows a business to use commercial space in exchange for rent. Retail, office, and industrial spaces all use these types of leases. A commercial lease agreement outlines the terms and conditions associated with renting the property. 

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West Virginia Security Deposit Laws

Maximum Amount ($) – West Virginia law does not provide a Statewide security deposit limit.

Returning – The deposit must be returned within sixty (60) days of the expiration of the tenancy, or within forty-five (45) days of the subsequent tenancy, whichever occurs first (§ 37-6A-1(7)).

West Virginia Required Disclosures

Lead-Based Paint Disclosure – If the rented space was constructed before 1978, the landlord must supply the tenant with the lead paint disclosure form to inform them of the possible existence of the hazardous substance.

Non-Refundable Fee Disclosure – Any non-refundable fees paid by the tenant to the landlord must be disclosed in writing and agreed to (§ 37-6A-1(14)).

West VirginiaRent Grace Periods

West Virginia does not have a grace period for rent payments. However, landlords may retain a portion of a security deposit to cover reasonable late fees so long as this information is disclosed in the rental agreement (§ 37-6A-2(b)(1)).

These resources are for informational purposes only and should not be construed as legal advice. Landlords and Tenants are encouraged to seek specific legal advice for any of the issues as found in this blog.


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