West Virginia Residential Lease Agreement (2026)
A complete, state-specific lease for a house, apartment or condo with every disclosure your state requires.
This preview updates as you type. Blank fields show as ____ .
What this document covers
- Parties, occupants and joint liability
- Premises, furnishings and parking
- Fixed or month-to-month term and holdover
- Rent, due date, payment methods and late fees
- Security deposit cap, holding and return deadline
- Who pays which utilities
- Maintenance, repairs and landlord entry notice
- Pets, smoking, subletting and renter's insurance
- Early termination and move-out
- State disclosures and federal lead-paint notice
West Virginia rules that this document follows
| Security deposit limit | No statutory limitSource: No statutory limit (W. Va. Code § 37-6A-1) |
|---|---|
| Deposit return deadline | 60 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 deposit | Not requiredSource: W. Va. Code § 37-6A-1 et seq. (no interest requirement) |
| Late fees | No 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 notice | No statutory minimum (lease governs; reasonable notice)Source: No statute (W. Va. Code Ch. 37 silent) |
| Notice to end month-to-month | Landlord 30 days / Tenant 30 daysSource: W. Va. Code § 37-6-5 (one month) |
| Required disclosures | Lead-Based Paint Disclosure (pre-1978 housing); Nonrefundable FeesSource: West Virginia Code Chapter 37, Article 6 (Landlord and Tenant) and Article 6A (Residential Rental Security Deposits) |
Rules current as of 2026-10-27. 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, checks the deposit and late fee against West Virginia's statutory caps, 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 and the number of units in the building, 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), whether the building was built before 1978 (federal lead-paint rule), and the answers to your state's disclosure questions (for example whether the property is in a FEMA flood zone — check msc.fema.gov).
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 together with every attachment listed at the end of the lease, 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); 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)).
Does this lease include the disclosures West Virginia requires?
Yes. The Disclosures section asks you the yes/no questions each West Virginia statute requires (for example flood zone, sprinklers, mold or bed bugs) and prints the actual statutory statement — in bold or larger type where the law demands it — with its citation, plus the federal lead-paint notice for pre-1978 buildings. Forms that must be separate documents are listed as attachments.
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 tenant's notice period is set to West Virginia's statutory minimum, and the landlord's notice period follows W. Va. Code § 37-6-5.
Other names
- rental agreement
- residential tenancy agreement
- apartment lease
- house rental contract
- tenancy agreement
- lease contract
- rental contract
Related documents
- Room Rental Agreement — West Virginia
- Residential Sublease Agreement — West Virginia
- Commercial Lease Agreement — West Virginia
- Rental Application — West Virginia
- All West Virginia forms →
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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.
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Residential Lease Agreement
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