West Virginia Prepaid Rent Rules – What Tenants Need to Know

Are you renting in West Virginia and unsure about paying prepaid rent or how it’s regulated? This guide explains the state’s rules for prepaid rent—what’s allowed, what’s not, and the protections you have. Whether you're moving in, renewing a lease, or just want to avoid surprises, understanding these regulations can help you make informed decisions and safeguard your rights as a tenant in West Virginia.

Understanding Prepaid Rent in West Virginia

Prepaid rent refers to any rent paid in advance of the period it covers. This is different from a security deposit, which is money held to cover potential damages or unpaid rent at the end of your lease.

Is Prepaid Rent Allowed?

In West Virginia, landlords may request prepaid rent (such as "first and last month’s rent") in addition to the security deposit. However, the law treats prepaid rent and security deposits separately. Unlike some states, West Virginia Code §37-6A does not cap the amount of prepaid rent, but it does regulate security deposits.

• Landlords often require prepaid rent as part of a lease agreement at move-in.
• Make sure any prepaid rent terms are written clearly in your lease.
• If you pay prepaid rent, you should receive a receipt and confirmation of how it will be applied.

Security Deposits vs. Prepaid Rent

West Virginia law regulates how and when your security deposit must be returned, but prepaid rent is simply advance payment for future rent periods—it is not held for damages or other breaches.

• Security Deposit: Must be returned or itemized within 60 days of lease end or tenant moving out, whichever is later. (West Virginia Code §37-6A)
• Prepaid Rent: Should be used to cover your last months' rent as specifically defined in your lease agreement.

If there is confusion, review your lease and ask your landlord for written clarification.

What to Know Before Paying Prepaid Rent

• Always read your lease to see how much rent is being asked for upfront and how it will be used.
• Ask for receipts for all payments, especially large upfront payments.
• If the lease ends early or you must move out, discuss with your landlord how prepaid rent will be handled (it should not be kept for damages—only for rent).
• Keep copies of all written communications with your landlord about payments.

Relevant Forms for Renters

West Virginia does not require a specific state form for paying or requesting prepaid rent. However, several forms are key to rental relationships:

• Notice of Intention to Impose Claim on Security Deposit (No Form Number)
  Used when your landlord provides a written explanation for withholding part or all of your security deposit within the 60-day period after you move out.
  See official rules for security deposit itemization and notices.
  Example: If your landlord withholds some of your deposit for damages, they must provide this notice in writing along with an itemized list of damages and costs.

If you have a rent dispute, you can file in your local West Virginia Magistrate Court, which handles residential tenancy matters.

Which Tribunal Oversees Rent Disputes?

West Virginia does not have a separate housing tribunal. All rental and security deposit disputes are handled by the West Virginia Magistrate Court. If you have a problem recovering prepaid rent, security deposits, or with your landlord’s enforcement of the lease, you may file a complaint or suit in Magistrate Court.

Renter Tips: Protecting Yourself with Prepaid Rent

Legislation Covering Prepaid Rent

The key state law governing landlord-tenant relationships, including rent payments and deposits, is the West Virginia Code Chapter 37, Article 6A – Residential Rental Security Deposits.¹

Summary: While there is flexibility for landlords to request prepaid rent in West Virginia, make sure you understand exactly what you’re paying for upfront and keep all documentation. If a dispute arises, you have the right to seek help through the courts.

FAQs: West Virginia Prepaid Rent Regulations for Renters

1. Is there a limit to how much prepaid rent a landlord can require in West Virginia?
   No. State law does not set a maximum amount for prepaid rent, but limits may exist for security deposits specifically.
2. How is prepaid rent different from a security deposit?
   Prepaid rent is advance payment for future rental periods; a security deposit is held for damages or unpaid balances at the end of your lease.
3. What should I do if my landlord won't return prepaid rent after I move out?
   Communicate in writing with your landlord. If unresolved, you can file a claim in West Virginia Magistrate Court for recovery.
4. Does West Virginia require special forms for paying or managing prepaid rent?
   No special forms are required for prepaid rent, but keep receipts and use written correspondence for all transactions.
5. Which court do I contact for rent disputes?
   Contact your local West Virginia Magistrate Court, which handles residential tenancy cases.

Need Help? Resources for Renters

• West Virginia Magistrate Court - Find Your Local Court
• West Virginia Residential Rental Security Deposit Law
• Legal Aid of West Virginia – Tenant Assistance
• West Virginia Department of Health & Human Resources (for emergency housing questions)

---

1. West Virginia Code – Residential Rental Security Deposits (§37-6A)
2. West Virginia Magistrate Court – Residential Tenancy Disputes

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations