West Virginia landlord-tenant law.

Security deposits

Deposit limit. No statutory cap on the amount a landlord may charge as a security deposit (W. Va. Code 37-6A-2).

Getting it back. Deposit, minus an itemized list of damages or charges, must be returned within 60 days of the end of the tenancy or within 45 days of a new tenant occupying the unit, whichever is shorter, with an extra 15 days to itemize if repairs require a third party contractor and the tenant is notified within the original period (W. Va. Code 37-6A-1(7), 37-6A-2). It is the tenant's responsibility to give the landlord a forwarding address.

Late fees and rent

No statutory cap or mandatory grace period was found for ordinary residential leases, a reasonable late fee is enforceable if specified in the rental agreement and may be deducted from the security deposit (W. Va. Code 37-6A-2(b)(1)).

Ending a tenancy

Nonpayment of rent. No fixed statutory pre-suit notice period for nonpayment was found, the landlord instead files a verified petition for summary relief in magistrate or circuit court, the court sets a hearing 5 to 10 judicial days after filing, and the tenant may file a written defense within 5 days of being served (W. Va. Code 55-3A-1).

Month-to-month termination. A periodic tenancy of less than a year (for example month to month) can be ended by either party with notice of one full period (one month's notice for a month to month tenancy), a year to year tenancy requires at least 3 months' notice (W. Va. Code 37-6-5).

Landlord entry

No state statute sets a required notice period or permitted hours for landlord entry, entry is governed by the lease terms and common law reasonableness, not a specific statutory rule.

Required disclosures

• Federal lead based paint disclosure for housing built before 1978 (42 U.S.C. 4852d, 24 CFR Part 35)
• No additional state mandated lease disclosure statute beyond the federal lead paint rule was found in W. Va. Code Chapter 37, local ordinances in specific cities were not separately confirmed and should be checked case by case

Lease clauses that do not hold up

• A rental agreement clause requiring the tenant to waive or forgo rights or remedies under the security deposit article is unenforceable, and the tenant may recover actual damages plus attorney's fees if the landlord tries to enforce one (W. Va. Code 37-6A-4)
• Clauses exculpating a landlord from liability for the landlord's own negligence are generally treated as void under West Virginia common law (a general common law point, not tied to one specific statute or case)

Notes for landlords

West Virginia has no general residential landlord tenant act comparable to states like Washington, most rules come from common law contract principles plus the narrow deposit statute (Article 6A) and the summary eviction procedure in W. Va. Code 55-3A. Landlords should rely on a clear written lease to fix notice periods, late fee terms, and entry rights, and note the statutory heat requirement from October 1 to April 30 (W. Va. Code 37-6-30).

Sources

• https://code.wvlegislature.gov/37-6/
• https://code.wvlegislature.gov/37-6-5/
• https://code.wvlegislature.gov/37-6-6/
• https://code.wvlegislature.gov/37-6-30/
• https://code.wvlegislature.gov/37-6a-1/
• https://code.wvlegislature.gov/37-6a-2/
• https://code.wvlegislature.gov/37-6a-4/
• https://code.wvlegislature.gov/37-6a-5/
• https://code.wvlegislature.gov/55-3a-1/