A West Virginia lease agreement is a legal document that sets the terms between a landlord and a tenant for renting residential property. It states the lease length, the monthly rent, the security deposit, and the rules for pets and maintenance. The agreement must follow West Virginia Code, Chapter 37, Article 6, which governs the landlord-tenant relationship in the state.
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current West Virginia law. If you notice an error or outdated information, please contact us.
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West Virginia Code, Chapter 37, Article 6 sets the rules for the landlord-tenant relationship in the state, while Article 6A focuses specifically on residential security deposits. Together, these laws cover how landlords collect, use, and return a tenant's deposit, and the notice tenants and landlords must give to end a lease.
West Virginia Code Section 37-6A-2 governs how landlords collect, use, and return a tenant's security deposit. If the tenant has an assignee or sublessee (someone the tenant has formally transferred the lease or part of the rental to), the landlord may hold a deposit from only one party.
When the tenancy ends, the landlord may use the security deposit only for the following.[3]
If damage to the property costs more than the deposit and requires a third-party contractor, the landlord must tell the tenant about this in writing within the notice period. Once that notice is given, the landlord has an additional fifteen days to send an itemized list of the damage and repair costs.[3]
West Virginia law defines the notice period as within 60 days of the termination of the tenancy, or within 45 days of the occupation of the premises by a subsequent tenant, whichever time period is shorter.[2] Within that notice period, the landlord must deliver the remaining security deposit to the tenant, along with a written list of any deductions or charges.[3] Landlords and tenants can use FormsPal's deadline calculator to count the exact return-by date.
Anna Baker rents a house in West Virginia from her landlord, Ben Carter. Anna moves out on March 1. Under the law above, Ben must return Anna's deposit, with a written list of any deductions, by April 30 (60 days later), or sooner if a new tenant moves in before then. If Ben finds damage that costs more than the deposit, he must tell Anna in writing within that same window, and he then gets 15 more days to send her the full repair costs.
If personal delivery is not possible and a mailed deposit or notice cannot be delivered, the landlord must hold it for six months. During that time, the tenant or the tenant's authorized agent or attorney can collect it in person at the landlord's place of business, within 72 hours of a written request.[3]
A tenant can send the landlord a written request to inspect the deduction records. Within 72 hours, the landlord must let the tenant, or the tenant's authorized agent or attorney, look at those records, or send a copy instead. The landlord must also keep itemized deduction records for one year after the termination of the tenancy.[4]
A West Virginia lease cannot include a clause where the tenant gives up these rights or remedies. Any such clause is void and cannot be enforced.[5]
"A rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under this article. a provision prohibited by this section included in a rental agreement is unenforceable."
If a landlord breaks these rules: West Virginia law has a penalty. When a landlord's violation is willful or made in bad faith, the tenant can recover the unreturned deposit. The tenant can also recover damages equal to one and a half times the amount wrongfully withheld. If the tenant owes rent, the court credits that amount against the rent due instead.[6]
West Virginia law also sets notice periods for ending a periodic tenancy. A month-to-month or week-to-week tenancy runs for a period of less than one year. To end it, either party must give notice for one full period before that period ends.
A year-to-year tenancy works differently. Either party must give the other written notice at least three months before the year ends.[1.2]
Many people count a notice period from the day they mail the letter, not the day the other party is likely to receive it. Sending a notice a few days early helps avoid a dispute over whether it arrived on time.
| Document Name | West Virginia Rental Lease Agreement Form |
| Other Names | WV Rental Lease, West Virginia Residential Lease Agreement |
| Relevant Laws | West Virginia Code, Chapter 37, Article 6 |
| Security Deposit Amount | Not specified |
| Security Deposit Return | Sixty (60) days after the tenancy ends, or forty five (45) days after a new tenant moves in, whichever is shorter |
| Avg. Time to Fill Out | 18 minutes |
| # of Fillable Fields | 119 |
| Available Formats | Adobe PDF |
After downloading the form, you can fill it out and sign it online with FormsPal's PDF editor.
This section answers two common questions about a West Virginia lease agreement. The first is what the law stops a landlord from doing. The second is how a tenant can end a lease the right way. Both answers come from the West Virginia Code sections covered above.
Under West Virginia law, a landlord cannot do the following when handling a tenant's security deposit or lease:
If a landlord's violation is willful or made in bad faith, the tenant can recover the unreturned deposit plus damages equal to one and a half times the amount wrongfully withheld.[6]
Ending a West Virginia lease the right way depends on the type of tenancy. A month-to-month or week-to-week tenancy needs notice for one full period before that period ends. A year-to-year tenancy needs written notice from either party at least three months before the year ends.[1.2]
A tenant should also check the lease itself, since it may set its own process for ending early.
General information, not legal or tax advice.
