WV · LEASE-AGMT · Updated July 2026 · Free
West Virginia Lease Agreement PDF
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West Virginia at a glance: Security Deposit Limit: No statutory cap · Deposit Return Deadline: 45 days after move-out · Notice to Terminate Month-to-Month: 30 days (one rental period)
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Overview
Lease Agreements in West Virginia
West Virginia landlord-tenant law is governed by W. Va. Code § 37-6A-1 et seq. West Virginia has no cap on security deposits, which must be returned within 45 days of move-out.
West Virginia has no rent control. The state does not specify a mandatory notice period for non-payment evictions, though landlords typically provide a 5-day written notice before filing. Month-to-month tenancies may be terminated with one rental period's notice (typically 30 days).
Key Facts
West Virginia Lease Agreement — Quick Reference
| Requirement | West Virginia Rule |
|---|---|
| Security Deposit Limit | No statutory cap |
| Deposit Return Deadline | 45 days after move-out |
| Notice to Terminate Month-to-Month | 30 days (one rental period) |
| Eviction Notice (Non-Payment) | 5 days (customary; no strict statutory requirement) |
| Rent Control | None |
| Governing Law | W. Va. Code § 37-6A-1 |
Legal Requirements
West Virginia Legal Requirements
- Security deposits must be returned within 45 days with itemized deductions.
- Lead paint disclosure required for pre-1978 properties.
- Landlords must maintain the property in a habitable condition.
- Landlords should provide reasonable notice before entering the property.
Governing Laws
West Virginia Governing Laws
W. Va. Code § 37-6A-2
Security Deposits
Requires return within 45 days of move-out with itemized deductions. No statutory cap on deposit amount.
W. Va. Code § 55-3A-1
Summary Relief — Eviction
Governs West Virginia summary eviction proceedings. Landlords must provide written notice before filing.
Read the full text of these laws at Cornell Law School's West Virginia legal resources or your state legislature's official website.
Questions & Answers
West Virginia Lease Agreement — Frequently Asked Questions
Does West Virginia cap security deposits?
No. West Virginia has no statutory limit on security deposits. Deposits must be returned within 45 days of move-out with an itemized written statement.
What notice is required for eviction in West Virginia?
West Virginia does not specify a mandatory statutory notice period for non-payment. Landlords typically provide a 5-day written notice as a courtesy before filing a summary eviction action in Magistrate Court.
Does West Virginia have rent control?
No. West Virginia has no statewide or local rent control.