- What Is a West Virginia Residential Rental Application
- West Virginia Rental Applications by Type
- What to Include in a West Virginia Rental Application Form
- West Virginia Rental Application Laws
- West Virginia Rental Application Sample
- FAQs About West Virginia Rental Application Form
West Virginia Rental Application
What Is a West Virginia Residential Rental Application
Using a West Virginia rental application allows you to screen a tenant before formally signing a lease agreement with them.
The document is also known as a “tenant application,” “rental lease application,” “lease application,” or an “application for rental property”. Furthermore, each renter over 18 that will occupy the residence must complete their own individual tenant form.
Having a prospective tenant complete a WV rental application is an important step for real estate owners when making a final decision on whom to rent a property to.
This legal document allows you to assess the income, background, and rental history of the applicant before entering a binding contract to ensure no issues arise once the tenancy begins.
West Virginia Rental Applications by Type
There are two main types of rental applications in West Virginia. You must select the most relevant one depending on the type of property being rented, local laws, and the type of leasing agreement that will be used.
Standard West Virginia Rental Application
The most common type of vetting document used by WV landlords is the West Virginia Standard Rental Application. This form can be customized according to the specific necessities of the property owner or manager.
Department of Housing And Urban Development (HUD) Rental Application
Landlords of low-income tenants or those offering Section 8 Housing should use a HUD rental application. It is specifically designed to only include information that is allowed under subsidized housing rules.
What to Include in a West Virginia Rental Application Form
It is important to request the right data from a tenant when asking them to fill in a West Virginia rental application and to make sure they are properly informed about the contract. This will be essential to make sure you get the right tenant into your property.
Almost all application forms for rental properties request some or all of the following information:
Permission for background checks
Additionally, landlords must provide vital disclosures to ensure that potential residents can safely use the property. They must provide details about:
The property’s condition
Potential hazards to the tenant
Shared utility arrangements (WVC § 37-6A-1)
Rent control rules
Smoking policy (WVC § 16-9A-1)
The security deposit
West Virginia Rental Application Laws
There are a few laws that must be followed in West Virginia when you create a rental application for tenants. Failure to comply with these rules could lead to serious legal consequences and allow the tenant to sue.
Landlords can charge any fee they choose for a rental application, as these are not limited by West Virginia statutes. The fee that is paid is also non-refundable to the tenant.
Similar to the application fee law, there is no West Virginia statute defining a limit on the amount landlords can charge tenants for security deposits.
Housing Discrimination Law
In West Virginia, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
As a consequence, you are not allowed to ask for any of these details on a West Virginia Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application.
Consent Credit Check
The Federal Credit Reporting Act (FCRA) stipulates that potential tenants must agree to any credit checks you require. To show they consent, they must provide written acknowledgment on the application form.
West Virginia Rental Application Sample
Before starting your own West Virginia rental application, it’s a good idea to look over a sample document first. Use our example rental application below to get a clearer idea of what you should include and how the final form will appear.
FAQs About West Virginia Rental Application Form
Understanding what your West Virginia rental application can and cannot do is vital before you create your own from scratch. Find out more about how these screening documents work and what you need to know when writing them.
Why Do I Need a West Virginia Rental Application?
A West Virginia rental application gives you the opportunity to learn more about your tenant before committing to a legal contract with them. The application lets you collect data on your prospective rental resident, so you may carry out important checks to:
Review their rental history
Verify their employment and income
Learn of any criminal history or credit issues
What Are Credit References on a West Virginia Rental Application?
A credit reference is a document that provides information on the credit history of an applicant for a rental property. This may be requested on West Virginia rental applications so that landlords can properly assess whether a potential tenant will be able to meet the rental payment schedule.
What Cannot Be Asked on Rental Applications in West Virginia?
You cannot ask tenants a number of questions when you are vetting them with a West Virginia rental application document. You must not request any of the following information from the applicant during this process:
Race or ethnicity
Immigration or citizenship status
Marital or familial status
Whether they have children or not