A West Virginia apartment lease agreement follows state laws outlined in the West Virginia Code. It covers disclosures, prohibited lease terms, security deposits, termination, and evictions. Understanding the applicable laws ensures landlords and tenants enter a compliant, legal rental agreement.
Security deposit amount: There’s no limit on deposit amounts in West Virginia.
Allowable deductions: The security deposits can be applied to unpaid rent, tenant damages beyond normal wear and tear, unpaid tenant utilities, abandoned property disposal fees, and contractor repair costs.
Refund timeline: Deposits must be returned within the applicable notice period for lease termination, as outlined in the lease. This is typically 30-60 days.
Itemized statement: Landlords must provide a detailed list of deposit deductions for damages and charges. Tenants must receive this when the remaining deposit is returned.
Transfer at sale: If the property is sold, the deposit is transferred to the new owner, who will be responsible for proper return.
Refund process: The security deposits can be refunded by personal delivery or mail to the tenant’s provided address. Undeliverable refunds must be held for tenant pickup.
Disputes: Tenants should communicate any objections over deposit deductions in writing within the notice period. Small claims court is an option if issues are unresolved.
Reason for entry: Landlords may enter to make repairs, conduct inspections, address emergencies, or for other necessary legal compliance. Tenants can’t unreasonably deny access.
Entry notice: Landlords must provide reasonable advance notice before entering. 24 hours is generally considered reasonable, though no exact timeframe is specified in the state laws.
Unconsented entry: Landlords can enter without consent only for true emergencies. They can’t enter simply because the tenant is away.
Pet restrictions: Landlords can prohibit pets or restrict the type, size, and number allowed. Tenants should review pet policies before signing the lease.
Service pets: Disabled tenants can request reasonable accommodations to pet bans for necessary support animals. Documentation connecting the disability to the need for the animal is required.
Pet deposits: While landlords can charge pet deposits from all tenants, they cannot charge deposits for legitimate service/assistance animals.
Damage liability: Tenants are responsible for any damage caused by their pets.
Lease violations: Tenants keeping banned pets on the property or exceeding pet number limits can face eviction.
Landlords must disclose certain information before signing to protect tenants and ensure proper living conditions. Common disclosures in a West Virginia apartment lease agreementinclude:
Lead-based paint: Landlords must provide disclosures and pamphlets regarding lead hazards for pre-1978 housing.
While they aren’t required, landlords in West Virginia also like to disclose the following:
The landlord’s contact information
Asbestos and mold disclosure
Smoking and medical marijuana use
Move-in checklist
Non-refundable and late fees
Share utility arrangement
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A West Virginia apartment lease agreement is legally binding between a landlord and a tenant. It spells out the terms and conditions of renting residential property in the state. The contract provides details on the rental terms like monthly rent, security deposit, length of lease, and responsibilities of both parties.
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