West Virginia Lease Agreement Requirements
Everything landlords must know about West Virginia lease agreements, including when a written lease is needed, essential terms, and prohibited provisions.
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 the foundational establishment of the West Virginia Code on June 20, 1863, the state has maintained a flexible approach to rental agreements. West Virginia does not require residential leases to be in writing for terms of one year or less, but a written agreement is strongly recommended to clearly establish rights, obligations, and dispute resolution procedures. Without a written lease, the tenancy defaults to a periodic tenancy (usually month-to-month).
Written vs. Oral Leases
- Oral leases: Permitted for terms of one year or less but default to periodic tenancies.
- Written leases: Required for any lease exceeding one year to be enforceable under the West Virginia Statute of Frauds (W. Va. Code § 36-1-3).
- Enforceability: Written leases are strongly recommended for all terms to ensure the enforceability of specific provisions like late fees, pet policies, and maintenance duties.
Essential Lease Terms
A comprehensive West Virginia lease should include:
- Names and contact information of all landlords and tenants.
- Property description — full address and unit details.
- Lease term — start/end dates or periodic designation.
- Rent amount, due date, and accepted payment methods.
- Security deposit amount and handling procedures (governed by § 37-6A).
- Nonrefundable fee disclosure — any nonrefundable fees must be clearly labeled.
- Late fee policy — amount (must be reasonable) and any grace period.
- Maintenance responsibilities for landlord and tenant.
- Utility responsibilities — which utilities are included and which are tenant's obligation.
- Pet policy and any pet deposit/fee.
- Rules and regulations governing the property.
- Termination and renewal clauses.
- Required disclosures — lead paint, CO, meth contamination.
Prohibited Lease Provisions
West Virginia law prohibits or voids lease clauses that:
- Waive the tenant's right to a habitable property (Warranty of Habitability).
- Allow self-help eviction (lock changes, utility shutoffs).
- Waive the landlord's liability for negligent maintenance.
- Require the tenant to pay the landlord's attorney fees in all disputes regardless of outcome (unconscionable clauses).
Lease Termination
Per W. Va. Code § 37-6-5, termination notice must be provided in writing:
Sources & Official References
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