West Virginia Rental Fee Rules
West Virginia rules on rental fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. W. Va. Code § 37-6A-1(2), (14)
The rules in West Virginia
| Application / screening fees | No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. No application-fee refund timeline or portable screening report law found in art. 6A. Source: W. Va. Code § 37-6A-1(2), (14) |
|---|---|
| Other rental fees | No general junk-fee statute. Pet fees and application fees are excluded from the security deposit only if expressly agreed in writing to be nonrefundable. Deposits may cover late charges only if specified in the rental agreement and reasonable. |
Related questions
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
West Virginia vs. neighboring states
| State | Application / screening fees | Other rental fees |
|---|---|---|
| West Virginia | No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. W. Va. Code § 37-6A-1(2), (14) | No general junk-fee statute. Pet fees and application fees are excluded from the security deposit only if expressly agreed in writing to be nonrefundable. Deposits may cover late charges only if specified in the rental agreement and reasonable. W. Va. Code § 37-6A-1(14); § 37-6A-2(b)(1) |
| Kentucky | No statute — no cap, refund rule, or reusable-screening-report rule was found in KRS Chapter 383. KRS Chapter 383 (section list checked) | No statute — no general limit or disclosure rule for other rental fees was found in KRS Chapter 383. A lease may not authorize penalties or termination because a tenant called police or sought emergency help (punitive damages up to 2 months' rent). KRS Chapter 383 (checked); KRS 383.302 |
| Maryland | There is no dollar cap. If any non-deposit fee charged to an applicant exceeds $25, the landlord must return it within 15 days after move-in or after either party says in writing that no tenancy will occur. The landlord may keep only the amount actually spent on a credit check or other application expenses. Penalty for not returning it: twice the fee. The application must explain the tenant's liabilities and these rules. Does not apply to landlords offering 4 or fewer units on one parcel or location, or to seasonal or condominium rentals. Md. Code, Real Prop. § 8-213 | Move-in cap: a lease may not require more than the security deposit plus the first month's rent to start the lease and move in. Late fees are capped at 5% of the unpaid rent (weekly leases: $3 a week, $12 a month). A lease may not make the tenant pay the District Court filing surcharge assessed against the landlord, except as § 7-301(c)(5)(ii) of the Courts Article allows. The landlord may charge no more than $5 for the 6-day eviction notice. The lease must include the Maryland Tenants' Bill of Rights. Md. Code, Real Prop. §§ 8-208(c)(4), 8-208(d)(3), (11), (13); 8-407(b)(3) |
| Ohio | No statute. Ohio has no cap, refund rule, or portable-screening-report rule for rental application fees. Ohio Rev. Code ch. 5321 (no application-fee section) | No statute. Chapter 5321 sets no limits on move-in, convenience, or other rental fees and no fee-disclosure rule. Lease clauses requiring the tenant to pay the landlord's attorney fees are unenforceable (§ 5321.13), and unconscionable terms may be refused enforcement (§ 5321.14). Ohio Rev. Code §§ 5321.13, 5321.14 |
| Pennsylvania | No statute - Pennsylvania has no statewide cap or refund rule for rental application or screening fees. Landlord and Tenant Act of 1951, 68 P.S. 250.101 et seq. | No statewide statute limiting move-in, convenience or other rental fees in the Landlord and Tenant Act. 68 P.S. 250.101 et seq. |
| Virginia | Nonrefundable application fee capped at $50 ($32 for public housing or other HUD-regulated units), plus actual out-of-pocket third-party screening costs. A refundable application deposit may also be required; if the applicant does not rent, the excess over actual expenses must be refunded with an itemized list within 20 days (10 days if paid by cash or certified funds and the landlord rejected the application). Landlords must consider evidence that an applicant is a family-abuse victim to mitigate a low credit score. Starting July 1, 2027, before collecting any payment or information the landlord must disclose in writing or by posting the fees and whether refundable, selection criteria, automatic-denial criteria, the consumer reporting agency used, and the applicant's right to a free report copy and to dispute it. Va. Code § 55.1-1203 | Fee disclosure: beginning on the first page of the written lease, the landlord must itemize all charges that make up the security deposit, the rent due per payment period, and any one-time charges due before the start date or included in the first payment, under the statutory statement that no additional security deposits or rent may be charged unless listed or added by later addendum. Va. Code § 55.1-1204.1 |
More West Virginia rental law
- West Virginia Security Deposit Law
- West Virginia Eviction Laws
- West Virginia Notice to Vacate Rules
- Landlord Entry Rules in West Virginia
- West Virginia Repairs & Tenant Remedies
- West Virginia Rent Increase & Late Fee Laws
- Squatters' Rights in West Virginia
- West Virginia Mold, Pests, Heat & AC Rules
- West Virginia Privacy, Guests & Animal Rules
- West Virginia Landlord Selling the House
- West Virginia Lockouts, Utility Shutoffs & Retaliation
- West Virginia Subletting, Lease Endings & Tenant Death
- All West Virginia landlord-tenant rules
- Free legal help in West Virginia
Compare rental fees in all 50 states and DC →
West Virginia Rental Fee Rules FAQ
Is there a limit on rental application fees in West Virginia?
No cap. An application fee (money paid to be considered as a tenant) is not a security deposit only if the parties expressly agree in writing that it is nonrefundable; otherwise it is treated under the security-deposit rules. (W. Va. Code § 37-6A-1(2), (14))
What rental fees are banned or limited in West Virginia?
No general junk-fee statute. Pet fees and application fees are excluded from the security deposit only if expressly agreed in writing to be nonrefundable. Deposits may cover late charges only if specified in the rental agreement and reasonable. (W. Va. Code § 37-6A-1(14); § 37-6A-2(b)(1))
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.