West Virginia (WV) lease form

West Virginia Residential Lease Agreement

West Virginia residential leases are governed primarily by the West Virginia Landlord-Tenant Act (WV Code Chapter 37-6A), which sets minimum standards for disclosures, habitability, and tenant rights. The state is broadly landlord-friendly, but landlords who intentionally insert clauses they know to be unenforceable can face increased damages. Understanding what must, may, and cannot appear in the lease document itself is the fastest way to avoid disputes and voidable provisions.

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Required disclosures

Owner and Manager Identity (WV Code 37-6A)

Before or at the start of tenancy, landlords must provide the name and address of both the property owner and any property manager, so the tenant knows who to serve for legal notices and demands.

Lead-Based Paint Disclosure (Federal, Pre-1978 Properties)

For any dwelling built before 1978, landlords must give tenants an EPA-approved pamphlet on lead hazards and disclose any known lead-based paint or hazards in writing before the lease is signed.

Drug Lab Remediation Disclosure (WV DHHS)

If a unit has received a remediation completion certificate after being identified as a former methamphetamine or drug laboratory, the landlord must disclose that certificate to prospective tenants; if remediation is still ongoing, the landlord must disclose the lab location, remediation plan, and any related law enforcement actions.

Nonrefundable Fee Identification (WV Code 37-6A-1(14))

Any fee that will not be returned to the tenant, such as an application or administrative fee, must be clearly identified as nonrefundable in the lease or fee agreement.

Clauses your lease should include

Identify all parties by full legal name and include the full rental property address so the lease is unambiguous about who is bound and what premises are covered.
State the lease term, start date, and end date (or specify that it is a month-to-month tenancy), because West Virginia limits unwritten agreements to no more than one year.
Set the monthly rent amount, due date, acceptable payment methods, and any grace period before a late fee applies, as late fees must bear a reasonable relationship to the landlord's actual costs.
Describe the security deposit amount, the purpose for which deductions may be made, and remind both parties that the landlord has 60 days after lease termination to return funds or provide an itemized deduction statement.
Include a habitability and maintenance clause confirming the landlord's duty to keep the premises fit and habitable and defining which routine maintenance responsibilities, if any, are contractually assigned to the tenant.
State the heat provision obligation: West Virginia landlords must ensure heat is available from October 1 through the last day of April.
Include an abandoned-property notice procedure stating that the landlord will provide written notice and a reasonable claim period before disposing of any personal belongings left behind after move-out.

Clauses to avoid in West Virginia

A clause waiving the tenant's right to a habitable premises is void under WV Code 37-6A because the implied warranty of habitability cannot be contracted away.
A clause allowing the landlord to retain the entire security deposit without providing an itemized statement of deductions is unenforceable and exposes the landlord to liability.
A clause requiring the tenant to pay the landlord's attorney fees beyond what is expressly permitted by West Virginia law is considered unconscionable and will not be enforced.
A blanket hold-harmless or liability-waiver clause shielding the landlord from responsibility for their own legal violations is unenforceable under WV landlord-tenant law.
A clause imposing a late fee that is punitive rather than compensatory (i.e., not reasonably related to the landlord's actual cost of late payment) may be struck as unconscionable by a court.
Any provision that contradicts or strips rights expressly granted to tenants under WV Code Chapter 37-6A is void, and a landlord who knowingly inserts such a clause may owe the tenant increased damages.

Drafting tips

Deliver the fully signed lease plus all required disclosures to the tenant on or before the first day of occupancy to create a clear paper record of compliance.
Label every nonrefundable fee explicitly as such in a separate line item, never bury it in general lease language, to avoid disputes over whether the landlord must return the funds.
Document the unit's condition with a written move-in checklist signed by both parties, since West Virginia provides no statutory form, making a private record the only protection against deposit-deduction disputes.
Review any late-fee or penalty amount annually to confirm it reflects actual administrative costs rather than a flat punitive amount that a WV court could void as unconscionable.

General information, not legal advice. Governing statute: West Virginia Code Chapter 37-6A (Residential Landlord-Tenant Act) and Chapter 37-6 (Landlord and Tenant). Confirm current requirements or consult an attorney before finalizing a lease.

West Virginia lease FAQ

Common questions

What disclosures are required in a West Virginia residential lease agreement?

West Virginia landlords must disclose the owner's and manager's name and address, identify any nonrefundable fees, disclose drug lab remediation history if applicable, and provide the federal lead-paint disclosure for pre-1978 properties.

Are there prohibited clauses in a West Virginia lease?

Yes. Clauses that waive habitability rights, retain the full security deposit without itemization, impose punitive late fees, or require tenants to pay attorney fees beyond statutory limits are unenforceable, and knowingly inserting them can expose a landlord to increased damages.

Does West Virginia require landlords to provide heat under a residential lease?

Yes. Under West Virginia landlord-tenant law, landlords must ensure the rental unit has heat available from October 1 through the last day of April.

What happens if a West Virginia lease includes an illegal clause?

The illegal or unconscionable clause is void and unenforceable on its own; the rest of the lease typically remains in effect. If the landlord knowingly inserted the bad clause, a court may award the tenant increased damages under WV Code 37-6A.

All state lease forms

West Virginia Residential Lease Agreement