West Virginia Lease Agreement Requirements

West Virginia does not require residential leases to be in writing, but a written agreement is strongly recommended to clearly establish rights, obligations, and dispute resolution procedures. Without a written lease, the tenancy defaults to month-to-month.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Always consult a qualified West Virginia attorney for advice specific to your situation. Information last verified: March 2026.

Written vs. Oral Leases

• Oral leases: Technically permitted but default to month-to-month tenancies.
• Written leases: Strongly recommended for any term. Required for enforceability of specific provisions like late fees and pet policies.
• No Statute of Frauds issue: West Virginia does not have a strict requirement that leases must be written to be enforceable for any specific term, but oral lease enforcement can be difficult.

Essential Lease Terms

A comprehensive West Virginia lease should include:

1. Names and contact information of all landlords and tenants.
2. Property description — full address and unit details.
3. Lease term — start/end dates or month-to-month designation.
4. Rent amount, due date, and accepted payment methods.
5. Security deposit amount and handling procedures.
6. Nonrefundable fee disclosure — any nonrefundable fees must be clearly labeled.
7. Late fee policy — amount (must be reasonable) and any grace period.
8. Maintenance responsibilities for landlord and tenant.
9. Utility responsibilities — which utilities are included and which are tenant's obligation.
10. Pet policy and any pet deposit/fee.
11. Rules and regulations governing the property.
12. Termination and renewal clauses.
13. 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.
• 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

How Landager Helps

Landager generates WV-compliant lease agreements with all required disclosures, clearly labeled nonrefundable fees, and reasonable late fee provisions.

Back to West Virginia Landlord-Tenant Laws Overview.