7 Features of West Virginia Leases

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.  To ensure you are using an ironclad lease that is legally compliant and fair to both parties, here are seven things to include in every West Virginia 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.  This pamphlet covers exactly what you need to include in any lease to ensure compliance. 

2. Security Deposit Terms
   While West Virginia doesn't cap security deposits, the lease should specify the amount, conditions for its use, and the timeline for its 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. West Virginia 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, including the upkeep of plumbing, heating, and structural integrity. However, one wrinkle in West Virginia is that Landlords are not required to make repairs when the tenant is in behind on rent.  For more discussion, check out West Virginia Code §37-6-30.  

4. Late Fees
   If the lease includes late fees, they must be deemed "reasonable" under state law. It is unclear exactly what that means, but the best practice is to include a 5-day grace period and an up to 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. This is good practice no matter the contract, but becomes even more important in a lease agreement that requires a 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 to terminate. For more discussion, check out West Virginia Code §37-6-5.  

7. Prohibited Lease Provisions
   The lease cannot include clauses that waive tenant rights under West Virginia's landlord-tenant laws.  This means that a tenant cannot, for example, waive his/her right to a habitable apartment, as that right is clearly established under West Virginia Law.  The relevant legal section for this is West Virginia Code §37-6A-5.  

Including these elements in your lease agreement will help ensure compliance with West Virginia law and foster clear understanding between landlords and tenants. ​