West Virginia Landlord Move-In Disclosure Rules Explained

Moving into a new rental in West Virginia comes with important rights and protections for renters. One of the most crucial steps before settling in is making sure your landlord has provided all legally required information, typically referred to as landlord disclosures. Understanding these requirements helps prevent confusion or disputes down the road.

What Are Required Landlord Disclosures?

A landlord disclosure is any information your landlord must give you about the rental property before you move in. In West Virginia, these disclosures are designed to keep you safe, informed, and aware of your rights as a tenant under state law. Disclosures must be provided in writing, usually as part of your lease agreement or in a separate document.

Mandatory Disclosures for West Virginia Landlords

While West Virginia does not require extensive disclosures compared to some other states, there are still important rules landlords must follow. The main required landlord disclosures include:

• Lead-Based Paint Disclosure (Federal Law): Applies to any rental housing built before 1978. Landlords must provide an EPA-approved pamphlet and share any known lead hazards.
• List of Persons Authorized to Act on Behalf of the Landlord: The lease should name and provide contact details for anyone allowed to manage the property or accept legal notices for the landlord.
• Move-In and Move-Out Inspections: While not strictly a "disclosure," landlords must follow West Virginia's inspection process if they plan to deduct from your security deposit. An inspection checklist should be provided if you request it.

Lead-Based Paint Disclosure Form

• Form Name: Lead-Based Paint Disclosure Form (No WV state form number as it’s federally mandated)
• When and How Used: Required when renting out any dwelling built before 1978. Landlord must give you this form and an EPA pamphlet, "Protect Your Family From Lead in Your Home," available on the EPA website. For example, if you’re moving into a 1970-built apartment, ask for this before signing your lease.
• Official Source: EPA Real Estate and Rental Disclosure

Authorized Agent Disclosure

• What This Means: The landlord must provide in writing the name and address of any person authorized to act for them regarding the unit (for things like legal notices, repair requests, or serving papers).
• How It's Used: Usually found at the start of your written lease. Always check and keep this information handy.

Move-In/Move-Out Inspection Checklist

• Form Name: West Virginia Rental Property Condition Checklist (no official state-issued form, but landlords may provide one)
• When and How Used: Ask for this checklist before you move in. Walk through the property, note any damage or concerns, and keep a signed copy for your records. This document protects both landlords and tenants in security deposit disputes.

Is There a State Inspection or Disclosure Form?

West Virginia does not offer a state-issued move-in checklist or general landlord disclosure form. Landlords often use their own version and must comply with West Virginia Code § 37-6, which outlines landlord and tenant obligations.

What If My Landlord Doesn't Give Me the Required Forms?

If you suspect missing disclosures or think your landlord hasn't provided necessary documents, start by making a written request. Keep your communications polite and detailed. If the landlord doesn't respond, you can seek help from the West Virginia Magistrate Court, which handles most landlord-tenant disputes in the state.

Summary of West Virginia Disclosure Rules

• You should always receive a lead-based paint disclosure for pre-1978 homes.
• The lease must include contact details for someone authorized to act for the landlord.
• Ask for a move-in inspection checklist—it's not officially required, but recommended to avoid future disputes.

Keep copies of every document you receive or sign. If you're unsure, contact your local Magistrate Court for guidance or check the latest West Virginia landlord-tenant statutes.

Frequently Asked Questions

1. What landlord disclosures are required before move-in in West Virginia?
   Landlords must provide a lead-based paint disclosure for pre-1978 homes, name an authorized agent, and should offer a move-in checklist.
2. Does West Virginia have an official move-in checklist form?
   No. Landlords may use their own, but it should cover the condition of all rooms and note existing damage.
3. Where do I go if my landlord won't provide required disclosures?
   You can contact the West Virginia Magistrate Court for help or file a complaint using their procedures.
4. Can I break my lease if my landlord withholds disclosures?
   Possibly, especially if there are health hazards involved. Always seek legal advice before taking action.
5. Where can I find lead-based paint disclosure forms?
   The required form and EPA pamphlet are available from the EPA’s lead disclosure resource page.

Need Help? Resources for Renters

• West Virginia Magistrate Court: Handles most rental disputes and tenant complaints.
• West Virginia Code § 37-6 - Landlord and Tenant Law: Complete state law text on residential tenancies.
• EPA Lead Safety for Renters: Official guidance for tenants in older homes.
• For additional help, check with local legal aid or the West Virginia State Bar’s Need Legal Help resource.

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1. West Virginia Code § 37-6: Landlord and Tenant
2. EPA: Lead-Based Paint Disclosure Rule
3. West Virginia Judiciary: Magistrate Court

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