Landlord Guide to Renting in West Virginia

West Virginia allows both written and oral lease agreements. A lease for a term exceeding one year must be in writing to satisfy the Statute of Frauds (W. Va. Code § 36-1-3). Written leases should clearly outline the rent amount, due date, lease term, and responsibilities of each party.

• Written and oral leases are both enforceable; leases over one year must be in writing
• Month-to-month tenancies arise when no fixed term is specified or after a lease expires without renewal
• There is no statutory requirement for specific lease provisions beyond basic contract terms
• The lease should identify the parties, the property, the rent, and the term of tenancy

The West Virginia Residential Rental Security Deposit Act (W. Va. Code § 37-6A-1 et seq.) governs security deposits. There is no statutory cap on the deposit amount, though it must be reasonable. The landlord must return the deposit within 60 days after the tenancy ends.

• No statutory maximum on security deposit amount, but it must be reasonable
• Landlord is not required to hold the deposit in a separate account
• No requirement to pay interest on the deposit
• Deposit must be returned within 60 days (§ 37-6A-2)

West Virginia has limited statutory disclosure requirements compared to many other states. However, federal requirements and general landlord obligations still apply.

• Lead-based paint disclosure for properties built before 1978 (federal, 42 U.S.C. § 4852d)
• Landlord contact information or authorized agent for receiving notices
• Disclosure of known material defects that could affect habitability
• A move-in condition checklist is recommended but not statutorily required

Rent is due on the date specified in the lease agreement. West Virginia does not mandate a grace period for rent payments, and there are no statutory restrictions on late fees. Landlords and tenants are free to agree to late fee terms in the lease, provided the fees are reasonable and not punitive.

• Rent is due on the date stated in the lease
• No statutory grace period for rent payments
• Late fees are permitted if specified in the lease and are reasonable
• Landlords may charge fees for returned checks as permitted by law

West Virginia imposes an implied warranty of habitability on landlords, established through case law (Teller v. McCoy, 1978). Landlords must maintain the premises in a fit and habitable condition, comply with applicable building and housing codes, and keep essential systems in working order.

• Implied warranty of habitability requires the landlord to maintain the premises in a livable condition
• Must comply with applicable building and housing codes
• Maintain structural integrity, plumbing, heating, electrical, and sanitary systems
• Tenants must notify the landlord of needed repairs before pursuing remedies

West Virginia does not have a specific statute governing landlord entry. However, common law principles and the tenant's right to quiet enjoyment require that landlords provide reasonable notice before entering, except in emergencies. A 24-hour notice period is considered a reasonable standard.

• No specific statute on landlord notice for entry
• Reasonable notice (typically 24 hours) is expected under common law
• Entry must be at reasonable times and for legitimate purposes
• No notice required for genuine emergencies

West Virginia has no rent control laws and does not restrict the amount or frequency of rent increases. For month-to-month tenancies, landlords should provide reasonable advance notice before raising rent. For fixed-term leases, rent cannot be increased until the lease expires unless the lease permits it.

• No state rent control — landlords may set rent at market rates
• Reasonable notice required for rent increases on month-to-month tenancies (one rental period recommended)
• Rent increases may not be retaliatory or discriminatory
• Fixed-term leases: rent can only be increased if the lease allows it

Notice requirements in West Virginia depend on the type of tenancy. Fixed-term leases terminate at the end of the lease period without notice unless otherwise agreed.

• Month-to-month tenancy: one month's notice (W. Va. Code § 37-6-5)
• Week-to-week tenancy: one week's notice
• Year-to-year tenancy: three months' notice (§ 37-6-5)
• Fixed-term lease: terminates automatically at expiration

Evictions in West Virginia are conducted through a wrongful occupation proceeding (W. Va. Code § 55-3A-1 et seq.). The landlord must serve the required notice before filing an action in magistrate court.

• Serve appropriate notice based on the grounds for eviction
• File a wrongful occupation complaint in magistrate court (§ 55-3A-1)
• The tenant is served with a summons and has at least 5 days to respond
• If the court rules for the landlord, an order of possession is issued

Under the West Virginia Residential Rental Security Deposit Act (§ 37-6A-2), the landlord must return the security deposit within 60 days after the tenancy terminates and the tenant provides a forwarding address. Any deductions must be accompanied by an itemized statement.

• Return deadline: 60 days after the tenancy terminates (§ 37-6A-2)
• Itemized statement of deductions must be provided with any withheld amount
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, lease-authorized charges
• If the landlord wrongfully withholds the deposit, the tenant may recover damages in court