West Virginia Residential Lease Agreement
A free West Virginia lease template, plus what West Virginia law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Terms West Virginia law requires or controls
| Nonrefundable pet and application fees | A pet fee or application fee is excluded from the security deposit (and may be kept as nonrefundable) only if the parties expressly agree in writing that it is nonrefundable. Applies to: Residential leases charging pet or application fees Source: W. Va. Code § 37-6A-1(14) |
|---|---|
| Deductions that must be in the rental agreement | The landlord may deduct late charges from the deposit only if reasonable late charges are specified in the rental agreement; unpaid utilities only if the agreement makes them the tenant's obligation; and other damages or charges (including third-party repair costs) only if the agreement provides for them. Applies to: Residential leases with a security deposit Source: W. Va. Code § 37-6A-2(b) |
| Greater landlord duties control | If the rental agreement gives the landlord greater duties than the statutory fit-and-habitable requirements, the agreement controls for those duties. Applies to: Residential leases Source: W. Va. Code § 37-6-30(b) |
Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by West Virginia law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice West Virginia law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with West Virginia law (W. Va. Code ch. 37, art. 6).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (West Virginia law sets no maximum; W. Va. Code §§ 37-6A-1, 37-6A-2). Landlord will return it, minus lawful deductions with any required itemized list, within the time West Virginia law sets (W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period')).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice West Virginia law requires (W. Va. Code ch. 37, art. 6 (no entry-notice section)), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than West Virginia law requires.
14. Nonrefundable pet and application fees. (Write this clause to meet West Virginia law: see "Nonrefundable pet and application fees" above (W. Va. Code § 37-6A-1(14)).)
15. Deductions that must be in the rental agreement. (Write this clause to meet West Virginia law: see "Deductions that must be in the rental agreement" above (W. Va. Code § 37-6A-2(b)).)
16. Greater landlord duties control. (Write this clause to meet West Virginia law: see "Greater landlord duties control" above (W. Va. Code § 37-6-30(b)).)
17. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
18. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · West Virginia landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.