Two ways to rent in West Virginia
The same free builder makes both — pick the one that fits and the agreement adapts automatically.
Standard Residential Lease Agreement
A fixed-term lease with set start and end dates (usually one year) — best for a long-term tenant.
Create a fixed-term leaseMonth-to-Month Rental Agreement
A flexible tenancy that renews each month and ends with proper written notice from either party.
Create a month-to-month agreementOverview
Renting out a home in West Virginia? A residential lease agreement is the contract that protects both sides — it sets the rent, the term, the deposit, and the rules the landlord and tenant agree to, and it's your proof of what was agreed if a dispute ever comes up. West Virginia residential tenancies are governed by Chapter 37 of the West Virginia Code, with security deposits covered by Article 6A.
West Virginialease rules & requirements
Security deposit
West Virginia sets no maximum on a residential security deposit — the amount is whatever the lease states (one month's rent is a common benchmark). Under W. Va. Code 37-6A-2, the landlord must return the deposit, with a written itemization of any damages or charges, within 60 days after the tenancy ends (or 45 days if a new tenant moves in sooner). If repairs require a third-party contractor, the landlord gets an extra 15 days to itemize.
Late fees
West Virginia has no statute capping late fees and no mandatory grace period, so a late fee is governed by the lease. To be enforceable it should be reasonable rather than punitive, so keep it modest and spell it out clearly in the agreement.
Landlord entry & notice
West Virginia has no statute setting how much notice a landlord must give before entering, so the lease controls. Spelling out a notice window — 24 hours is standard — and limiting entry to reasonable times protects both the landlord and the tenant.
Required disclosures
West Virginia imposes few state-specific lease disclosures, so the main mandatory item is the federal lead-based-paint disclosure for homes built before 1978. It's still good practice to identify the owner or manager and how to reach them, and to state clearly who pays which utilities.
Ending the lease
A fixed-term lease simply ends on its end date. A month-to-month tenancy can be ended by either party with at least one month's written notice before the next rent due date.
Does it need notarizing?
No. A West Virginia residential lease does not need to be notarized or witnessed — it's binding once the landlord and tenant(s) sign. Each party should keep a signed copy.
This is general information, not legal advice. Confirm the current rules under West Virginia law (W. Va. Code Chapter 37, Article 6A and Article 6).
How to write a West Virginia lease agreement
- 1
Choose the lease type — a fixed-term lease (set start and end dates) or a month-to-month tenancy.
- 2
Add the property details and the landlord's and tenant(s)' full legal names and addresses.
- 3
Set the monthly rent, the due date, accepted payment methods, and any late or NSF fees.
- 4
Set the security deposit and when it's returned, plus any pet, parking, smoking, or utility terms.
- 5
Add the required disclosures (lead-based paint for pre-1978 homes) and any house rules.
- 6
The landlord and every tenant sign and date the lease — and each keeps a copy.
Ready to create your West Virginia lease agreement?
Fill the form, watch it build live, and download the PDF — free, no signup.
Open the free builderWhat to include
- Landlord & tenant(s) — names and addresses
- Property, lease type & term
- Rent — amount, due date & payment methods
- Security deposit, late & NSF fees
- Pets, parking, smoking & utilities
- Disclosures & signatures
West Virginia lease agreement FAQ
Does a West Virginia residential lease need to be notarized?
No. A residential lease in West Virginia doesn't have to be notarized or witnessed. It's legally binding once the landlord and tenant(s) sign it.
Is there a limit on the security deposit in West Virginia?
No. West Virginia doesn't cap residential security deposits by statute — the amount is set by the lease. One month's rent is a common benchmark.
How long does a West Virginia landlord have to return the deposit?
Within 60 days after the tenancy ends (or 45 days if a new tenant moves in sooner), under W. Va. Code 37-6A-2, with a written itemization of any deductions. If repairs need a third-party contractor, the landlord gets an extra 15 days to provide the itemization.
How much can a late fee be in West Virginia?
There's no statutory cap and no mandatory grace period in West Virginia, so the late fee is set by the lease. It should still be reasonable rather than punitive to be enforceable.
How much notice ends a month-to-month lease in West Virginia?
At least one month's written notice before the next rent due date, from either the landlord or the tenant.
Does the landlord have to give notice before entering?
West Virginia has no statute setting a notice period, so the lease governs. Including a 24-hour notice clause and limiting entry to reasonable times is standard practice and protects both sides.
What must a West Virginia lease disclose?
West Virginia has few state-specific disclosure rules, so the main mandatory item is the federal lead-based-paint disclosure for homes built before 1978. Identifying the owner or manager and stating who pays utilities is good practice.
Is this West Virginia lease agreement really free?
Yes — completely. Fill it in, preview it live, and download the PDF with no signup, no credit card, and no watermark. Unlike sites that charge a fee or push a subscription to download, there's nothing to pay here.