West Virginia Commercial Lease Requirements and Key Clauses
A guide to structuring commercial leases in West Virginia, including writing requirements, NNN leases, and essential clauses for landlord protection.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Since West Virginia’s admission to the Union on June 20, 1863, commercial leases in the state have been governed primarily by the principle of freedom of contract, as long as they comply with the state’s Statute of Frauds (Chapter 55, Article 1). Virtually any term both parties agree to is enforceable, with few statutory restrictions.
Writing Requirements
Commercial leases of one year or longer must be in writing and signed to be enforceable under the West Virginia Statute of Frauds (WV Code § 55-1-1).
Essential Lease Clauses
Premises Description
A precise description including square footage, floor plan, and common area access.
Use Clause
Specifies permitted business activities. Exclusive-use clauses are common in retail settings to protect the landlord's tenant mix.
Rent and Escalation
Base rent, payment schedule, and escalation mechanism (fixed percentage, CPI, or FMV).
Assignment and Subletting
Most WV commercial leases require prior written consent for any assignment or subletting.
Insurance Requirements
Typically: commercial general liability, property insurance for tenant improvements, business interruption, and workers' compensation.
Default and Remedies
Define default triggers, notice requirements, cure periods, and remedies (termination, rent acceleration, re-entry, damages).
Holdover Provisions Specify
the holdover rent rate (commonly 150-200% of the last effective rent).
Tenant Improvements
Allocate build-out costs, specify ownership of improvements, and detail restoration obligations.
Mineral Rights Unique to WV:
the lease should address severed mineral rights (coal, oil, gas) and whether mining or drilling activities could affect the premises.
Sources & Official References
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