How much can a landlord charge for a security deposit in West Virginia?

West Virginia sets no statutory cap on the security deposit amount. The deposit must be accounted for within 60 days after the tenancy ends (W. Va. Code § 37-6A-2).

Is there a limit on late fees in West Virginia?

West Virginia sets no statutory late-fee cap; the fee must be stated in the lease.

How much notice must a landlord give before entering a rental in West Virginia?

West Virginia has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.

How do you end a month-to-month tenancy in West Virginia?

Either party must give at least one month's written notice to end a month-to-month tenancy. (W. Va. Code § 37-6-5)

What happens if a tenant does not pay rent in West Virginia?

West Virginia does not require a statutory pay-or-quit notice before filing; Landy's lease provides notice by agreement. An eviction is filed as a petition for summary relief in wrongful occupation in Magistrate or Circuit Court. A landlord may never remove a tenant without a court order.

Does a residential lease have to be in writing in West Virginia?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to West Virginia with the statutory citations printed in it.

West Virginia Residential Lease Agreement

A lease that works in the State of West Virginia has to respect West Virginia landlord-tenant law: no statutory ceiling on the security deposit, accounted for within 60 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a West Virginia tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

West Virginia rental law at a glance

Each row is the rule Landy applies when it builds a West Virginia lease. The citation is printed in the finished document too, so a tenant can check it.

West Virginia landlord-tenant rules with statutory citations
Rule	West Virginia	Citation
Security deposit limit	No statutory limitWest Virginia sets no statutory cap on the security deposit amount.	No statute on point
Deposit return deadline	60 daysLandlord must return the deposit or an itemized statement within 60 days after the tenancy ends, or 45 days after a new tenant takes possession, whichever is earlier.	W. Va. Code § 37-6A-2
Interest on deposits	Not requiredWest Virginia does not require interest on security deposits.	W. Va. Code § 37-6A-2
Late fee limit	No statutory limitWest Virginia sets no statutory late-fee cap; the fee must be stated in the lease.	No statute on point
Grace period before rent is late	No statutory grace periodWest Virginia sets no statutory grace period for rent.	No statute on point
Notice to pay or quit	No fixed statutory periodWest Virginia does not require a statutory pay-or-quit notice before filing; Landy's lease provides notice by agreement.	W. Va. Code § 55-3A-1
Time to cure a lease violation	No fixed statutory periodWest Virginia does not set a statutory cure period; Landy's lease provides one by agreement.	W. Va. Code § 55-3A-1
Ending a month-to-month tenancy	30 days' noticeEither party must give at least one month's written notice to end a month-to-month tenancy.	W. Va. Code § 37-6-5
Notice before landlord entry	No statute — Landy's lease sets 24 hours by agreementWest Virginia has no statutory entry-notice requirement, so Landy's lease sets one by agreement.	No statute on point

Disclosures a West Virginia lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

If things go wrong in West Virginia

Where eviction is filed

Magistrate or Circuit Court, as a petition for summary relief in wrongful occupation.

Governing law

Cited from the West Virginia Code.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

West Virginia lease questions, answered

How much can a landlord charge for a security deposit in West Virginia?: West Virginia sets no statutory cap on the security deposit amount. The deposit must be accounted for within 60 days after the tenancy ends (W. Va. Code § 37-6A-2).
Is there a limit on late fees in West Virginia?: West Virginia sets no statutory late-fee cap; the fee must be stated in the lease.
How much notice must a landlord give before entering a rental in West Virginia?: West Virginia has no statutory entry-notice requirement, so Landy's lease sets one by agreement. That agreed period is 24 hours.
How do you end a month-to-month tenancy in West Virginia?: Either party must give at least one month's written notice to end a month-to-month tenancy. (W. Va. Code § 37-6-5)
What happens if a tenant does not pay rent in West Virginia?: West Virginia does not require a statutory pay-or-quit notice before filing; Landy's lease provides notice by agreement. An eviction is filed as a petition for summary relief in wrongful occupation in Magistrate or Circuit Court. A landlord may never remove a tenant without a court order.
Does a residential lease have to be in writing in West Virginia?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. A written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to West Virginia with the statutory citations printed in it.

Build a West Virginia lease with these rules already in it.

Answer questions in plain English. Landy writes the West Virginia lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes West Virginia law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed West Virginia attorney review your lease before you rely on it.