Seven things to include in every West Virginia rental lease.
Compliance with the law is among the major stressors for all real-estate professionals, especially regarding lease agreements. They need to be legally compliant, tight, and fair to all parties. Here are seven things to include in every WV rental lease.
1. Lead-based paint disclosure.
For properties built before 1978, federal law mandates that landlords provide tenants with a lead-based paint disclosure form and an EPA-approved pamphlet detailing the risks of lead exposure.
2. Security deposit terms.
West Virginia doesn't cap security deposits, but the lease should specify the amount, conditions for use, and the timeline for return — within 60 days after lease termination or 45 days after a new tenant moves in, whichever is shorter. Landlords must also maintain itemized records of deductions for one year and provide them to tenants upon request. WV Code §37-6A-2 governs this issue.
3. Warranty of habitability.
The lease must outline the landlord's responsibility to maintain the property in a habitable condition — plumbing, heating, and structural integrity. One wrinkle in WV: landlords need not make repairs when tenants are behind on rent. See WV Code §37-6-30 and our note on what landlords must fix in West Virginia.
4. Late fees.
If the lease includes late fees, they must be deemed "reasonable" under state law. Best practice is to include a 5-day grace period and up to a 5% charge for late payment.
5. Non-refundable fees.
The lease should clearly state any non-refundable fees, such as pet fees, to avoid disputes over the security deposit.
6. Notice requirements for termination.
For month-to-month tenancies, either party must provide 30 days' written notice to terminate. For a year-long lease, each party must give 3 months' notice. WV Code §37-6-5.
7. Prohibited lease provisions.
The lease cannot include clauses that waive tenant rights under West Virginia's landlord-tenant laws. A tenant cannot waive rights to a habitable apartment, for example. WV Code §37-6A-5.
Conclusion.
Including these elements in your lease agreement helps ensure compliance with West Virginia law and fosters clear understanding between landlords and tenants. For the broader "how to write a balanced lease" question, see how to write a tenant-friendly lease that still protects property owners.
This article is for educational purposes only and is not legal advice. Always consult a licensed West Virginia attorney before adopting any lease.
