West Virginia Rental Lease Agreement Templates

The West Virginia Rent Lease Agreements are a set of documents that allow a property owner or manager to temporarily transfer ownership of their property over to another party, known as the tenant. The kinds of leases and other agreements presented here are the most common of their respective types, although other kinds of leases do exist. Selling or leasing property in West Virginia requires a Real Estate Broker License.

Each lease is unique, as it will contain special clauses and be governed by different local and state laws depending on the length of the lease, type of property, its intended use and where it’s located. As such, regardless of the type of lease, it should be read carefully, in order to minimize the chances of breaking it due to inattention to detail. Residential leases are typically required to have easy to read language, so they will typically understandable even by a layman.

Form Description Types

West Virginia Commercial Lease

The West Virginia Commercial Lease is a kind of lease used for a for-profit organization to rent out a property for commercial reasons. Note that only a commercial organization can use this type of lease. A non-profit, charitable or political…Read more ›

West Virginia Month to Month Rental Agreement

The West Virginia Month to Month Lease Agreement is a flexible, easily altered type of residential lease, designed for more temporary living situations. In this kind of lease, the agreement terminates at the end of every payment period and renews…Read more ›

West Virginia Rental Application

The West Virginia Rental Application Form is not a legal form, but rather a form that most landlords will require any and all potential tenants to complete before signing a long term lease. This kind of application will look into…Read more ›

West Virginia Sublease Agreement

The West Virginia Sublease Agreement is an addendum to an existing lease that allows the current tenant of a property (known as the sublessor) to rent out all or part of the property they are leasing to another party (known…Read more ›

West Virginia Residential Lease Agreement

The West Virginia Standard One (1) Year Lease Agreement is the most common form of residential long term lease. While it cannot be easily terminated or exited by either landlord or tenant, it gives both a sense of security. For…Read more ›

West Virginia Rental Laws

Laws pursuant to West Virginia Code, Chapter 37.

Security Deposits

Most landlords will want to charge a security deposit when a tenant moves in, to account for any wear and tear a property will endure during a tenancy. In West Virginia, there are no laws on the state level limiting how much a landlord can charge for a security deposit, although caps may exist in local or city laws. A landlord is West Virginia is required to return a security deposit within sixty (60) days of a tenant moving out, or withing forty five (45) days of a new tenant moving in, whichever is sooner.


Regardless of the type or length of a lease, all of the rules regarding rent will be spelled out in the lease itself. These will include the amount, when it is due, what forms are acceptable (IE, check, cash, etc.) and where it must be delivered. There are no rent controlled areas in West Virginia, so there is no legal limit to how much a landlord can charge for rent.

Late Fee

If rent is not paid on time and in full, the tenant may accrue a late fee. West Virginia has no laws pertaining to late fees, so the amount of a late fee and when it is due are entirely at the landlord’s discretion. However, a late fee policy must be spelled out in the lease itself. Otherwise a late fee may not be charged.

Rent Increases

In a Month to Month Lease, the landlord must give the tenant the same amount of notice for a rent increase as they must for any other alteration to the lease. In West Virginia, this is one (1) month’s written notice. In a One Year or longer Lease, the landlord may not alter the rent in any way, unless a provision in the lease itself allows for a rent increase.


In West Virginia, if the tenant has violated the lease, the landlord may file for eviction immediately. No notice, or time to cure the violation is required. Once the landlord has filed for eviction, there will be a hearing at a local court and, if the landlord is successful, the tenant will be served with an Eviction Notice.

Until a tenant has been served with an eviction notice, the landlord may not change the locks, tamper with utilities, remove the tenant’s property or otherwise try to force the tenant to vacate.


In West Virginia rental discrimination (IE, altering rent, terminating a lease without due cause, denying housing is available when it is, refusing to lease, etc.) for the following reasons is forbidden:

  • race, color, national origin, ancestry, blindness, religion, sex, family status, physical or mental disability
  • note that age, gender identity and sexual orientation are not covered

Landlord’s Right to Enter

There are no laws specifically pertaining to landlord’s right to enter a property in West Virginia, so they are governed by what is known as ‘Common Law.’ In this case, a landlord must give the tenant at least twenty four (24) hours notice and enter during normal business hours, unless it is an emergency situation.