West Virginia Commercial Required Disclosures

West Virginia's residential disclosure requirements (CO poisoning, meth contamination, nonrefundable fees) do not extend to commercial tenancies. The commercial market operates under caveat emptor, and tenants are expected to conduct their own due diligence.

Minimal Statutory Requirements

There is no statutory commercial disclosure package in West Virginia. However, landlords must comply with broader environmental, common law, and procedural obligations:

Summary Eviction and Possession

• Summary Relief (§ 55-3A-1): A landlord may file a petition for summary relief for wrongful occupation of commercial property. The court is required to set a hearing date not less than five nor more than ten business days from the date of filing. This is the 'Rocket Docket' process.
• Notice Requirements: For nonpayment of rent, West Virginia law does not require a statutory pre-filing notice period; a landlord may file for summary relief immediately upon default unless the lease agreement specifies a notice or cure period (W. Va. Code § 55-3A-1).

Environmental Disclosures

• Hazardous Waste (§ 22-18-21): Any lessor in a lease whereby real property is let shall disclose in the lease the fact that such property or the subsurface was used for the storage, treatment, or disposal of hazardous waste. This applies to lessors who owned the property during such use or have actual knowledge of it.
• Underground Storage Tanks (§ 22-17-19): A lessor must disclose in the lease the fact that the property or the substrata contains an underground storage tank. This applies to lessors who owned the property when a tank was actively used or who have actual knowledge/reason to believe a tank exists.
• Asbestos: Under federal OSHA 29 CFR 1910.1001, owners of buildings constructed before 1980 must disclose the presence, location, and quantity of known or presumed asbestos-containing materials (ACM/PACM) to tenants.

Agency Relationships

Under WV Code § 30-40-26, real estate licensees must provide a written disclosure of their brokerage relationship to any party to a commercial lease transaction at the earliest reasonable opportunity.

Mining and Mineral Rights

Unique to West Virginia: properties may have severed mineral rights. While WV Code § 22C-9 (Oil and Gas Conservation) does not contain a statutory mandate for commercial lease disclosures regarding severed mineral rights, such disclosures are governed by common law and contract. Landlords should disclose if the surface ownership is severed from mineral rights (coal, oil, gas) as it may affect the tenant's quiet enjoyment.

Fraudulent Concealment

Despite caveat emptor, a landlord who knowingly conceals a material defect that is not discoverable by reasonable inspection can face liability for:

• Fraudulent misrepresentation.
• Lease rescission.
• Compensatory and punitive damages.

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