Types (6)
Agreement to Sublease (PDF)
Used in situations where a tenant can no longer live in their rented space. With the form, the tenant can introduce another tenant (called the “sublessee”) to take their place in the unit, so long as the sublessee makes rental payments to the original tenant (to pay to the landlord).
Commercial Lease Agreement (PDF)
An official document used for establishing terms and conditions pertaining to the renting of a property to be used for business purposes only.
Lease to Own Agreement (PDF)
Very similar to a standard rental contract, with the exception that it includes provisions to set a purchase price for the rented property. If the tenant(s) wish to make a purchase, they can do so upon the lease’s expiration.
Month-to-Month Lease Agreement
A flexible lease that continues on a monthly basis until either party ends it with a notice of only 1 payment period. Useful for landlords that lease their own home for part of the year.
Roommate Agreement (PDF)
An agreement formed among roommates that lists out the types of behavior that is and isn’t allowed, as well as clarifies responsibilities regarding cleaning, utility payments, rent splitting, and guests (to name a few).
Standard Residential Lease Agreement
The go-to form for landlords that have property they are looking to lease on a yearly basis (or another term as agreed upon by the parties).
Renting in West Virginia
| Most Common Rental Type | Single-Family Homes |
| Average Rent | $883/mo |
| Households That Rent | 24.5% |
| Average Renter Household Size | 2.0 |
| Rental Vacancy Rate | 9.8% |
Source: U.S. Census Bureau, American Community Survey (2024)[1] & Housing Vacancy Survey (2024)[2]
What is a West Virginia Lease Agreement?
A West Virginia lease agreement is the binding document that records the obligations of a landlord and tenant during a rental. It puts the rent, maintenance expectations, and termination conditions in writing.
West Virginia law requires landlords to maintain rental premises in habitable condition and in compliance with applicable building codes. The state also gives tenants the right to withhold rent if the landlord fails to make necessary repairs within a reasonable time after receiving written notice.
State Laws & Guides
Laws: Chapter 37 – Real Property
Landlord-Tenant Guides / Handbooks
When is Rent Due?
There is no statute specifying when rent is due. The rental contract should thus clarify the matter of when and where monthly rent should be paid. There is also no statute on grace periods for the late payment of rent.
Landlord’s Access
Emergency: No statute. Federal law permits landlords to enter in an emergency situation. The landlord’s right to enter the property should be clearly stated in the lease to ensure no confusion with tenants.
Non-Emergency: No statute. Landlords should outline entry rules in the lease. It is recommended that landlords provide tenants with a minimum of 24 hours of notice prior to entering.
Landlord’s Duties
As established by state law, West Virginia requires all landlords to uphold the following obligations:[3]
- Ensure occupied rental units are kept in a safe and livable condition at all times.
- Maintain that the rental building fully complies with all applicable building, health, safety, and fire codes, unless the code is a direct responsibility of the tenant(s).
- For multi-units, ensure that all common areas are in good condition, are safe to use, and are as clean as reasonable.
- Maintain that all appliances, systems (electrical, plumbing, etc.), and HVAC equipment are in good, safe working order.
- Unless in the direct control of the tenant(s), landlords need to ensure tenants have 24/7 access to running water, reasonable amounts of hot water, and building heat between October 1st and the last day of April.
- For multi-units, landlords need to provide tenants with easily accessible, sanitary means of garbage disposal.
Tenant’s Duties
West Virginia does not have a single statute that sets out a detailed list of tenant obligations. Under state law, tenants are prohibited from committing waste on the rental premises, which means they must refrain from deliberately or negligently causing damage to the property or its fixtures.[6] Additional tenant responsibilities, such as maintaining cleanliness, proper garbage disposal, and reasonable use of appliances, are typically outlined in the lease agreement itself.
Required Disclosures
- Lead Paint Disclosure – A landlord who has knowledge of the existence of any lead paint hazards in their rental property built prior to 1978 must declare such hazards to tenants. Further to this, the landlord must furnish the tenant with a copy of the government-issued lead paint safety pamphlet.
- Non-Refundable Fees[4] – Security deposits must be completely refundable unless both parties expressly agree, in writing (usually in a written rental agreement), that an application fee or pet fee is nonrefundable.
Security Deposits
Maximum: No statute; state law does not specify a cap on the amount a landlord may charge for a security deposit.
Returning to Tenant: The landlord must return security deposits within 60 days after the end of the lease or within 45 days of the occupation of the rental dwelling by a subsequent tenant, whichever time period is shorter.[4]
If the landlord will retain part or all of the deposit, the landlord must deliver a written itemization of any such damages or other charges, together with the remaining security deposit amount. The security deposit must be returned via personal delivery to the tenant or by mailing the deposit and/or notice to the tenant’s last known address.
Deposit Interest: No statute.
Uses of the Deposit: Landlords can make deductions from a tenant’s security deposit for the following reasons:[5]
- To cover the cost of missed rent payments and/or late fees.
- To pay for the repair of damage to the property, so long as it was not a result of standard wear and tear.
- To pay for unpaid utilities that were the responsibility of the tenant(s) (per the signed lease).
- To pay for the removal and/or storage of the tenant’s property.
- To pay for any other damages that were clearly established as the tenant’s responsibility per the rental contract.