Free West Virginia Residential Lease Agreement Form
Create a residential lease agreement that meets all the requirements necessary in West Virginia State. Start today with the help of step-by-step instructions and our contract generator.
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Last Update November 21st, 2023
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What Is a West Virginia Lease Agreement
A WV lease agreement outlines the terms under which a landlord agrees to rent a property to a tenant. It should include the duration of the lease, the size, and frequency of rental payments, information about additional costs, and the terms of use of the property.
This legally binding contract should also define which situations constitute lease violations, and what the eviction procedures would be in any of those scenarios. Lease agreements are longer in duration than rental agreements, but they’re otherwise similar in purpose and structure.
It’s important to note that lease agreements need to comply with any lease-related laws in West Virginia.
Types of West Virginia Lease Agreements
Before starting a West Virginia lease agreement, it is important to know which type to create. There are many distinct varieties of these legal instruments, and each deals with a different type of rental situation.
The most common types of lease agreements in West Virginia include:
Residential lease agreements: Under a standard lease agreement both the landlord and tenant commit to a fixed set of terms that last for a series of months or years.
Rent-to-own lease agreements: Lease agreements with rent-to-own options are designed for tenants that wish to buy the property they are renting. This requires them to pay a sum of money each month, in addition to rent, to cover the costs of the principal.
Month-to-month rental agreements: Month-to-month lease agreements will often have similar basic terms to standard residential lease contracts. However, they differ as they can be renewed or ended on a month-by-month basis. Their terms may also be flexibly altered each month.
Commercial lease agreements: Commercial leases are provided by landlords of retail property to tenants that intend to use the real estate to run a business.
Room rental agreements: In rental properties with shared living areas, a room rental agreement can be used to rent a singular bedroom.
Sublease agreement: AWest Virginia sublease agreement allows tenants to reassign or ‘sublease’ the property to another individual. This requires the property landlord’s permission and must be specifically allowed in the original lease.
Disclosures for West Virginia Lease Agreements
West Virginia lease agreements must contain a few disclosures and addendums when they are completed and signed. This is to properly inform the tenant of any health risks or potential issues with the property, or details about how the property is managed that they must be aware of.
These essential addendums include the following:
Lead paint disclosure: If the rental unit is in a building constructed before 1978, the landlord or their agent must disclose whether lead paint can be found on the property and must provide safety information for any located on the premises.
Non-refundable fees: You must state any non-refundable fees required under the contract clearly in the lease agreement (§ 37-6A-1(14)).
West Virginia Lease Agreement Laws
West Virginia lease agreements must be written according to the laws of WV state, to ensure that they are legally binding and hold up in court. These regulations will determine what terms you must include in the contract.
The most relevant laws to take into consideration when renting a property in West Virginia are:
Security deposits: In West Virginia,landlords are not legally limited in how much they can charge for a security deposit. However, the amount taken must be returned to the tenant no more than 60 days from when the lease is terminated or 45 days if the property is leased to another tenant (§ 37-6A-1).
Landlord’s right to enter: Landlords don’t need to provide any notice before visiting a WV rental property that they own. However, it is recommended to provide at least 24 hours notice as a courtesy.
West Virginia Residential Lease Agreement Sample
Before beginning the process of creating a residential lease agreement in West Virginia, it is sensible to review an example document first. Use our West Virginia lease agreement sample below to find out more about the structure and contents of a fully-fledged rental contract.

Other Real Estate Documents
Besides lease agreements, there are various other legal documents that are commonly used by landlords. If you are the owner of a rental property, one of the following forms may be helpful for you:
FAQs About West Virginia Lease Agreement
It is important to carefully prepare a West Virginia lease agreement to suit the needs of the landlord and tenant exactly. To help demystify the process a little, simply review our FAQs below to learn more about the specificities of rental contracts in West Virginia.
How to Make Your Own Lease Agreement in West Virginia?
It is possible to create a West Virginia lease agreement completely online. Using our residential lease agreement maker you can tailor your document for your specific needs and take advantage of professional templates and expert tips.
Can I Break My Lease in WV Without Paying a Penalty Fee?
If either the landlord or tenant needs to terminate a West Virginia lease agreement early for any reason, they must provide at least 30 days notice - depending on the contract - via a written WV lease termination letter
This letter needs to contain the following information:
The name of the landlord and the tenant
The date the letter has been written and signed
The name and address of the property in question
Information explaining why the tenancy needs to be terminated early
The reason the lease is being broken
The date that the resident will vacate the property
Acknowledgment of any penalties that will be incurred
Signature of the signing party
Do I Need to Notarize my West Virginia Residential Lease Agreement?
It is not necessary to notarize a West Virginia residential lease agreement. However, whilst this might not be a legal requirement in West Virginia state, signees are still advised to consider this step to provide further legal enforceability.

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