west virginia landlord-tenant laws

Even though West Virginia was the first state to charge sales tax, the state is very much landlord-friendly.

 

West Virginia Rental Laws At a Glance:

Late Fees: West Virginia has no stated limits placed on a late charge, but it must be spelled out in the lease.

Security Deposit: There is no stipulated limitation on what a landlord may collect for a security deposit.

Returned Payment Fee Limit: The limit for a returned payment fee is $25.

Notice to Enter: West Virginia provides no statutes determining the amount of notice the landlord must provide.

 

Application Fee/Late Fee/Returned Check Fee

Application Fee: There are no stated laws regarding limitations on how much an application fee can be.

Late Fee: There are no limitations placed on the amount of a late charge a landlord may charge, however it must be stated in the lease agreement.

Returned Payment Fees: According to West Virginia West Virginia State Code Chapter 61, Article 3, Section 39e, no more than $25 may be charged for returned payments.  

 

Security Deposits

West Virginia has some of the most relaxed security deposit statutes among all states. There are no limits placed on the amount that may be collected for a security deposit. And, after the tenant vacates, the landlord has 60 days to return the full security deposit or the balance after deductions. The only exception is when the rental property immediately rents to another tenant.

 

Maintenance

West Virginia has specific requirements for the landlord to maintain the premises in fit and habitable condition. This includes keeping up with maintenance and making repairs in an timely and orderly fashion.

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Right of Entry

There are no stated statutes around how much time the landlord must provide to the tenant before entering. However, the landlord probably should provide ample notice.

 

Notice to End Lease

Fixed-term leases: Notice as specified in the lease

Month-to-month lease agreements: Requires a 30-day notice

Week-to-week leases: 7-Days’ notice needed

Year-to-year leases: Requires a 3-month notice

 

Eviction Process

Oddly, West Virginia has no notice requirements for an eviction of non-payment, other lease violations, or illegal activity. Once the offense occurs, the landlord may file for eviction immediately.

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