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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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In West Virginia, both landlords and tenants have specific rights and responsibilities defined under the West Virginia Uniform Residential Landlord and Tenant Act. This framework aims to ensure a fair and safe rental experience for both parties.
Below is a comprehensive overview of these rights and responsibilities.
Tenant's Rights
West Virginia tenants are entitled to several fundamental rights that safeguard their living conditions:
Tenant’s Responsibilities
In addition to their rights, tenants in West Virginia have several responsibilities, including:
Landlord's Rights
Landlords in West Virginia also possess essential rights to manage their properties effectively:
Landlord's Responsibilities
Landlords are obligated to maintain a safe and habitable environment for their tenants. Key responsibilities include:
There is no statute in West Virginia stipulating how much notice is required before a landlord enters a property.
Generally, 24-48 hours notice is deemed reasonable. Notice requirements are waived in the case of emergencies. The notice should specify the intended time and purpose of entry. This is crucial for respecting tenant privacy and maintaining trust in the landlord-tenant relationship.
Late fees are permissible under West Virginia law. The maximum late fee allowed is either $20 or 20% of the monthly rent, whichever is greater, applicable if the rent is not paid within five days of the due date. Landlords should clearly outline any late fees in the lease agreement.
There is a mandatory grace period of 5 days in West Virginia. (West Virginia Code § 38-14-4)
Source: Renters' Rights | WV Attorney General Office (.gov), Landlord/ Tenant responsibilities | Charleston-Kanawha Housing Authority.
Landlords should always carefully review the rental agreement and state law before increasing the rent to ensure any rent increase complies with both state laws and any terms established at the beginning of the lease.
West Virginia landlord-tenant law does not currently impose rent control policies, meaning there is no legal limit on the amount a landlord can increase rent. However, the process by which a landlord raises rent is governed by specific statutes to protect tenant rights.
Rent Control measures have been proposed (not yet codified into law) in West Virginia as outlined in the introduced bill HB 4813. Landlords and real estate investors should keep an eye out for potential statutory changes in the years ahead.
While West Virginia law does not specify a minimum notice period for raising rent, it is generally accepted that landlords should provide at least one full rental period's notice, typically 30 days, especially for month-to-month rental agreements.
For tenants under a fixed lease term, rent cannot be increased until the end of that term unless the lease explicitly allows for an increase during the lease period.
In West Virginia, certain limitations apply to rent increases:
When creating a rental application in West Virginia, landlords must adhere to specific laws to ensure compliance and avoid potential legal issues. Understanding these regulations is crucial for both landlords and tenants.
Landlords in West Virginia have the discretion to charge any application fee they deem appropriate, as there are no statutory limits on the amount. It is important to note that these fees are non-refundable, meaning that once paid, tenants cannot reclaim this money regardless of the outcome of their application (WVC § 37-6A-1(2)).
The law also doesn’t limit security deposits in West Virginia and application fees are deemed separate from security deposits.
While West Virginia does not have a dedicated state law prohibiting housing discrimination, the federal Fair Housing Act (FHA) still applies in the state. Under the FHA, discrimination based on race, color, national origin, religion, sex, familial status, disability, or criminal history is illegal. Consequently, landlords must refrain from soliciting information related to these characteristics on rental applications or considering them in their decision-making process.
Landlords are required to inform prospective tenants of the criteria used for screening applications and to provide reasons for any approval or denial. To ensure that this information is communicated effectively, applicants must sign a document acknowledging receipt of this information, either on the application itself or as a separate attachment.
According to the Federal Credit Reporting Act (FCRA), landlords must obtain written consent from potential tenants before conducting any credit checks. This consent must be clearly documented on the rental application form, ensuring transparency in the screening process.
To create a comprehensive and effective rental application process, landlords should include the following key elements:
In West Virginia, landlords are permitted to charge a security deposit that does not exceed one month's rent, as stipulated in §37-6A-2 of the West Virginia Code. While there are no state-level statutory limits beyond this, local ordinances may impose additional restrictions. It is essential for landlords to ensure that the amount charged is reasonable and reflective of local market conditions.
There is no specific statute governing pet deposits in West Virginia. But landlords are allowed to charge additional deposits such as pet deposits as long as they are stipulated in the lease agreement.
When setting your pet policy, it’s important to note that individuals with service animals are exempt from paying any pet deposit, reflecting the legal protections afforded to disabled persons under federal law.
Landlords in West Virginia may deduct from security deposits for the following reasons:
Any deductions made from the security deposit must be clearly itemized, and landlords are required to maintain accurate records of all deductions made from the security deposit for one year after the tenancy ends, as per §37-6A-3. Additionally, the landlord must provide the tenant with this itemized list of deductions
West Virginia law does not mandate that landlords hold security deposits in a separate account. Unlike some states that require specific handling of security deposits, West Virginia allows landlords more flexibility in managing these funds.
Landlords must return the security deposit, minus any deductions, within 60 days after the tenant vacates the property, or within 45 days of the occupancy by a subsequent tenant, whichever is shorter, as stated in §37-6A-2. This return must include an itemized list of any damages or charges incurred during the tenant's occupancy.
If damages to the premises exceed the security deposit and require a third-party contractor's services, the landlord must notify the tenant in writing within the applicable notice period (60 days or 45 days). Upon providing this notice, the landlord is granted an additional 15 days to itemize the damages and repair costs.
If a landlord fails to comply with this timeframe, tenants may be entitled to recover up to two months' rent or twice the amount of the original security deposit as a penalty.
West Virginia law does not require landlords to pay interest on security deposits held. This lack of obligation means that tenants should not expect any interest accumulation on their deposits during the rental period.
A lease agreement in West Virginia serves as a formal contract between a landlord (lessor) and a tenant (lessee), delineating the terms of tenancy and occupancy rights within the state.
Under West Virginia law, specifically Chapter 37 of the West Virginia Code, a standard lease must clearly articulate the terms and conditions of the rental, alongside the rights and responsibilities of both parties, thereby offering legal protection to each side.
Yes, oral lease agreements are allowed in West Virginia. The statute West Virginia Code § 36-1-3 specifies that oral leases for a term not exceeding one year are valid and enforceable.
However, it's important to note that while oral leases are legally permissible, written agreements are generally recommended to avoid potential disputes.
To facilitate a smooth rental experience, the following critical elements should be incorporated into a West Virginia lease agreement:
Including these components establishes clear expectations and responsibilities, significantly reducing the likelihood of disputes between landlords and tenants.
Ending a lease early can present challenges for both landlords and tenants. Lease agreements typically include provisions that address early termination, which may involve termination fees for tenants or the landlord's obligations to find a replacement tenant.
Understanding West Virginia laws is crucial, as they provide certain protections allowing both parties to break a lease without penalties under specific circumstances.
In West Virginia, the notice required to terminate a tenancy varies based on the type and length of the rental agreement.
Exceptions allowing for shorter notice periods include:
Regardless of the type of tenancy, termination notices must be properly served according to West Virginia legal requirements, and tenants must provide written notice to landlords as well.
Tenants may legally terminate their lease early under specific circumstances without facing penalties. These include:
West Virginia's eviction laws establish a comprehensive legal framework that governs how landlords can lawfully remove tenants from their properties while ensuring that tenants are afforded fair treatment and due process.
Understanding these laws is essential for both landlords and tenants, as they define the conditions and procedures for lawful evictions.
Landlords in West Virginia must have legitimate legal grounds to initiate an eviction. Familiarity with these grounds is crucial for compliance with state laws. The primary reasons for eviction include:
Termination For Non-Payment of Rent: 5-day Notice To Pay or Quit
This is the most common ground for eviction. If the tenant is on a week-to-week lease the landlord may file for eviction immediately without notice. However, for tenants on all other lease types, if a tenant fails to pay rent as agreed, the landlord must provide a 5-day notice to pay or vacate the property, as mandated by W. Va. Code § 55-3A-1.
Termination For Lease Violations: Immediate Termination
Tenants who violate lease terms, such as causing significant damage to the property or having unauthorized pets, may face eviction. Under these circumstances, the landlord may file for eviction immediately without notice. Once the magistrate or circuit court sets a hearing date, the landlord must notify the tenant in writing of the hearing. (West Virginia Code 55-3A-1).
Common lease violations include:
End of Lease Term: 30-day Notice
When a lease term concludes and the landlord opts not to renew it, or in month-to-month tenancies, the landlord must provide a 30-day notice to terminate the tenancy, as specified in W. Va. Code § 37-6-5.
Failure to adhere to these notice requirements can invalidate the eviction process, making it crucial for landlords to follow them strictly. Tenants should be aware of these notices, as they provide critical time frames to address the eviction grounds.
The eviction process in West Virginia involves several legal steps to ensure a fair and lawful eviction. Understanding this process is vital for both landlords and tenants. The steps include:
Below is a comprehensive summary of key laws that govern homeowners associations (HOAs) in West Virginia, including their implications for both landlords and tenants.
The West Virginia Uniform Common Interest Ownership Act (UCIOA) regulates the formation, management, and powers of homeowners associations, condominiums, and planned communities established after July 1, 1986.
This act provides a framework for the governance of common interest communities, detailing the rights and responsibilities of both the associations and their members. Key provisions include:
The West Virginia Nonprofit Corporation Act governs the structure and operation of nonprofit corporations, which most HOAs are classified under. This act ensures that:
This act is similar to the federal Fair Debt Collection Practices Act (FDCPA) and regulates debt collection practices in West Virginia. It prohibits:
The West Virginia Fair Housing Act aims to protect residents from discrimination in housing. Key provisions include:
This act regulates the establishment and management of condominiums that choose to be governed by it. It includes:
In West Virginia, the legal framework governing squatters' rights is primarily defined by the concept of adverse possession, as outlined in West Virginia Code § 55-2-1. To successfully claim adverse possession, a squatter must meet specific criteria:
In addition to the ten-year requirement, squatters must satisfy five general conditions for their claim to be valid:
Below, you’ll find some helpful West Virginia landlord–tenant law resources:
