West Virginia Lease Disclosure Requirements: What Renters Need to Know

Before renting in West Virginia, it’s important for tenants to understand their rights when it comes to residential lease disclosures. State law requires landlords to provide certain written information that helps renters make informed and confident decisions—and ensures leases are fair and transparent. This guide covers the required disclosures, practical details, and key resources so you know exactly what to expect and where to turn for help.

West Virginia Required Disclosures in Residential Leases

While West Virginia does not have as many required disclosures as some other states, there are still important obligations landlords must meet under state law. Here are the main disclosures that should be included with or alongside your rental agreement:

1. Lead-Based Paint Disclosure

If you are renting a home or apartment built before 1978, your landlord must provide you with information about potential lead hazards. Federal law requires:

• A completed Lead Warning Statement and pamphlet ("Protect Your Family from Lead in Your Home")
• Disclosure by the landlord of any known lead-based paint hazards in the property

Example: If you are moving into a 1950s apartment, the landlord is legally obligated to give you the official Lead-Based Paint Disclosure form and pamphlet before you sign the lease.

2. Identification of Owner and Agents

West Virginia law requires landlords to provide tenants with the name and address of the property owner or the person authorized to manage the property and accept notices and service of process. This should be written directly into the lease agreement.

• Ensures renters know who to contact for repairs, maintenance, or legal matters.
• Helps avoid confusion in case of emergencies or disputes.

3. Security Deposit Details

While not strictly classified as a statutory "disclosure," West Virginia Code requires the lease to set out when and under what circumstances the security deposit may be withheld or returned. The landlord must provide written notice of any deductions after tenancy ends and return the remainder promptly as described in West Virginia Code § 37-6A.

4. Methamphetamine Contamination Disclosure

Under West Virginia Code § 16-3D-3, if a rental property has ever been designated by authorities as a methamphetamine lab site and not properly remediated to state standards, the landlord must inform potential tenants prior to renting.

Key Forms for West Virginia Renters

• Lead-Based Paint Disclosure Form
  EPA Lead-Based Paint Disclosure Form
  When it’s used: If your rental unit was built before 1978, you must receive and sign this federal form before the lease starts. For example, before moving into a 1975 house, review and sign this disclosure to confirm you’re aware of potential lead hazards.
• Owner/Agent Disclosure (no specific state form)
  Typically included as a clause in the lease agreement. Ensure your lease lists accurate contact names and addresses for owner or property management.

Which Tribunal Handles West Virginia Tenancy Matters?

Issues related to residential tenancies in West Virginia (such as disputes over required disclosures, security deposit returns, or repairs) are usually handled by your local West Virginia Magistrate Court. This court hears landlord-tenant cases, including complaints and legal filings for unresolved issues.

Relevant Lease and Tenancy Laws

West Virginia’s main landlord-tenant statutes include:

• West Virginia Code § 37-6A – Security Deposits
• West Virginia Code § 47-6 – Residential Rental Agreements
• West Virginia Code § 16-3D-3 – Disclosure of Methamphetamine Contamination

If you believe your landlord is not providing the required disclosures, you may bring a claim in Magistrate Court for relief.

FAQ: West Virginia Lease Disclosure Rules

1. What should I do if my landlord did not provide the lead-based paint disclosure for a pre-1978 building?
   You can request the disclosure in writing. If it’s still not provided, you may report the issue to the U.S. Department of Housing and Urban Development (HUD) or seek help from your local Magistrate Court.
2. Do West Virginia landlords have to disclose if a property was used as a meth lab?
   Yes. If the property was designated a meth lab and not properly cleaned to state standards, disclosure is required under state law.
3. Is there a standard form for owner/agent disclosures in West Virginia?
   No, but this information must appear clearly in every lease agreement. Always double-check your lease for these details before signing.
4. When should I receive information about my security deposit deductions?
   Landlords must provide a written list of deductions and return the deposit within 60 days of your tenancy ending, as per state law.

Conclusion: What Every WV Renter Should Remember

• Review all required lease disclosures carefully—especially lead, owner/agent, and meth contamination, if applicable.
• Request in writing any disclosure you have not received.
• Keep copies of forms and your lease in case of future disputes.

Understanding your rights around lease disclosures helps protect you and ensures your tenancy begins on the right foot.

Need Help? Resources for Renters

• West Virginia Magistrate Court Directory – Find your local court to file tenant complaints and resolve disputes.
• HUD Resources for West Virginia Renters – Tenant rights, fair housing information, and complaint options.
• West Virginia State Bar – Legal Help
• West Virginia Code Official Website

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1. West Virginia Code § 47-6 – Residential Rental Agreements
2. West Virginia Code § 37-6A – Security Deposits
3. West Virginia Code § 16-3D-3 – Methamphetamine Contamination Disclosure
4. EPA Requirements for Lead-Based Paint Disclosure
5. West Virginia Magistrate Court – Residential Rent Control

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