West Virginia Required Landlord Disclosures
Ensure compliance with West Virginia's required landlord disclosures including lead paint, nonrefundable fees, CO poisoning, and meth contamination.
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West Virginia requires landlords to provide several specific disclosures to tenants, including some unique requirements related to carbon monoxide poisoning and methamphetamine contamination.
1. Lead-Based Paint Disclosure (Federal)
For properties built before 1978, landlords must disclose any known lead-based paint hazards, provide the EPA "Protect Your Family From Lead in Your Home" pamphlet, include a lead warning in the lease, and allow a 10-day inspection period.
2. Nonrefundable Fees
Any fee that is nonrefundable must be disclosed to the tenant in writing at or before the time of payment. If a fee is not explicitly designated as nonrefundable, it is legally presumed to be refundable.
3. Carbon Monoxide Poisoning Disclosure
When a landlord performs repairs or maintenance on fuel-burning heating or cooking sources or venting systems, they must:
- Inform the tenant of the dangers of carbon monoxide poisoning.
- Recommend the installation of a carbon monoxide detector.
This is a unique West Virginia requirement that applies each time such maintenance is performed.
4. Methamphetamine Contamination
West Virginia has specific meth-related disclosure requirements:
- If the property has a remediation completion certificate from the WV Department of Health and Human Services, the landlord must disclose this to prospective tenants.
- If remediation is still ongoing, the landlord must disclose details about the drug lab discovery, remediation plans, and any law enforcement actions.
5. Landlord/Agent Identification
Tenants must receive the name and address of:
- The property owner.
- The property manager or agent authorized for service of process and receipt of notices.
6. Utility Responsibilities
The lease should clearly specify which utilities are included in the rent and which are the tenant's responsibility.
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