Essential Lease Agreement Requirements for West Virginia Renters

Whether you're signing your first apartment lease or renewing with your current landlord, understanding what must be included in a West Virginia lease agreement can help protect your rights as a renter. Lease agreements set out the obligations and terms for both you and your landlord under West Virginia law.

Key Elements Required in a West Virginia Lease Agreement

West Virginia does not have a standard mandatory lease form, but state law does require certain essential elements in every rental agreement^[1]. A valid lease—whether written or verbal—should include the following:

• Names and Contact Information: Full names of all tenants and the landlord (or property manager), plus up-to-date contact details.
• Property Description: The rental unit address and a brief description of the premises.
• Lease Term: The start and end date of the rental period (or specify if it's a month-to-month agreement).
• Rent Amount and Payment Terms: Monthly rent amount, due date, acceptable methods of payment, and penalties for late payment.
• Security Deposit Terms: Amount, how and when the deposit is returned, and reasons it may be withheld (security deposit requirements are set by West Virginia Code Chapter 37, Article 6A).
• Maintenance Responsibilities: Outline who is responsible for repairs and upkeep.
• Entry Rights: Conditions and notice required before the landlord can enter your home (usually 24 hours).
• Occupancy Limits: Who can live in the unit.
• Pet Policies (if applicable).
• Lead Paint Disclosure (required for buildings built before 1978 per federal law).

Clarity on these points helps avoid confusion during your tenancy and gives you a reference if disputes arise.

Additional West Virginia Rental Agreement Provisions

West Virginia law allows landlords and tenants to include additional rules, as long as they are not discriminatory or in violation of state or federal law. Common examples include:

• Rules for guest stays
• Smoking policies
• Parking instructions
• Maintenance or alteration restrictions (e.g., painting walls)

These should always be in writing and clearly explained. Remember, if something is not in your signed lease, it can be difficult to enforce later.

Required Official Forms and Disclosures for Renters

While West Virginia does not provide a single, mandatory lease form, several legal forms and disclosures may be required:

• Lead-Based Paint Disclosure (Form HUD-90164):
  When used: Required for all rental properties built before 1978. Landlords must give you this form and a federal lead hazard information pamphlet before you sign.
  Where to obtain: Download the Lead Disclosure Form (HUD.gov) and pamphlet from the U.S. Department of Housing and Urban Development.

Commonly, landlords use their own written rental agreements. If a written lease is offered, always request a copy and check that all required terms are included.

Where to Go for Lease Disputes or Enforcement

In West Virginia, most rental disputes—including evictions and unresolved maintenance issues—are handled by your local county Magistrate Court or Circuit Court. There is no separate state tenant tribunal.

Relevant Tenancy Legislation

• West Virginia Landlord-Tenant Act (Chapter 37, Article 6A): Covers security deposits, lease termination, and eviction proceedings.
• West Virginia Code, Chapter 37, Article 6: Contains provisions on general rental agreements.

Knowing your rights under these laws can help you advocate for yourself during your tenancy.

FAQ: Lease Agreements in West Virginia

1. Do I need a written lease in West Virginia?
   No, but a written lease is highly recommended for both parties. Verbal agreements are valid but provide less protection if disputes arise.
2. Can a landlord change the lease terms after it's signed?
   Not during the fixed term unless both landlord and tenant agree in writing. Changes can be made upon renewal or with proper legal notice in a month-to-month tenancy.
3. Is there a legal limit on security deposits in West Virginia?
   No state-set maximum, but returns and deductions are regulated. Landlords must return deposits within 60 days or notify you in writing of any deductions. See security deposit rules here.
4. What if my lease is missing required information?
   Ask your landlord to add any missing terms in writing. For major issues, contact your local Magistrate Court or consider seeking legal aid.
5. Where do I go if I need to challenge an eviction or dispute?
   File your case at your county Magistrate Court or consult the West Virginia Judiciary.

Key Takeaways for Renters

• Make sure your lease includes names, dates, rent details, deposit terms, and all required disclosures.
• Get all agreements and changes in writing before you sign.
• Know your rights and use official resources if you have issues with your landlord.

Review your lease carefully and don’t hesitate to ask questions if something isn’t clear.

Need Help? Resources for Renters

• West Virginia Magistrate Court Information (for rental disputes & evictions)
• Legal Aid of West Virginia, free help for eligible renters
• HUD West Virginia: Renting Resources
• West Virginia State Code (all state laws, including landlord-tenant codes)

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1. See West Virginia Code §37-6 (General Rental Agreements)
2. West Virginia Code §37-6A (Security Deposits and Termination)
3. Magistrate Court info: West Virginia Judiciary
4. Lead Disclosure Requirement: Lead Disclosure Pamphlet and Form (HUD)

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