West Virginia Residential Lease Agreement

A complete, state-specific lease for a house, apartment or condo with every disclosure your state requires.

Free to fill & preview · $19 for the clean PDF + Word

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West Virginia rules that this document follows

Security deposit limitNo statutory limitSource: No statutory limit (W. Va. Code § 37-6A-1)
Deposit return deadline60 days after move-outSource: W. Va. Code § 37-6A-2(a) (60 days after termination or 45 days after new tenant occupies, whichever shorter)
Interest on depositNot requiredSource: W. Va. Code § 37-6A-1 et seq. (no interest requirement)
Late feesNo statutory cap; must be reasonable and stated in the leaseSource: No statutory limit; fee must be stated in lease (W. Va. Code § 37-6A-1(14))
Landlord entry noticeNo statutory minimum (lease governs; reasonable notice)Source: No statute (W. Va. Code Ch. 37 silent)
Notice to end month-to-monthLandlord 30 days / Tenant 30 daysSource: W. Va. Code § 37-6-5 (one month)
Required disclosuresLead-Based Paint (pre-1978); Nonrefundable FeesSource: West Virginia Code Chapter 37, Article 6 (Landlord and Tenant) and Article 6A (Residential Rental Security Deposits)

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Residential Lease Agreement in West Virginia

A residential lease in West Virginia should identify every adult tenant, describe the premises, state the term, the rent and how it is paid, the security deposit and how it will be returned, who pays which utilities, the rules on pets, smoking and subletting, and the disclosures West Virginia law requires. This generator walks you through each of those items in order and drafts the clauses for you.

Before you start, gather: the legal names and mailing addresses of the landlord and all tenants, the property address, the move-in date, the rent amount and due day, the deposit amount and the bank where it will be held (some states require this), and whether the building was built before 1978 (federal lead-paint rule).

After you preview the document, download the PDF, have every adult tenant and the landlord sign (electronic signatures are valid), give each party a copy, and complete a move-in inspection checklist with photos. Keep the signed lease for at least four years after the tenancy ends.

Frequently asked questions

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

West Virginia has no statutory cap on security deposits (No statutory limit (W. Va. Code § 37-6A-1)); the amount must be stated in the lease and returned per statute.

When must the deposit be returned in West Virginia?

Within 60 days after the tenant moves out, with an itemized statement of deductions (W. Va. Code § 37-6A-2(a) (60 days after termination or 45 days after new tenant occupies, whichever shorter)).

Does this lease include the disclosures West Virginia requires?

Yes. Section 14 inserts every statutory disclosure for West Virginia (2 items, including the federal lead-paint notice for pre-1978 buildings) with its citation.

Is this lease legally binding once signed?

A written lease signed by landlord and all adult tenants is an enforceable contract in West Virginia. Electronic signatures are valid under the federal ESIGN Act and the state UETA. No notarization is required for a residential lease.

Can I use this for a month-to-month rental?

Yes — choose 'Month-to-month' in the Term step. The notice period is set to West Virginia's statutory minimum.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.