Free West Virginia Lease Agreement Template – 2025 PDF & Word Download

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As a real estate attorney who has drafted and reviewed hundreds of residential leases across the Mountain State, I created this comprehensive West Virginia lease agreement template to help landlords and tenants start their rental relationship on solid legal ground. This free, attorney-reviewed form complies with West Virginia Code Chapter 37 (Real Property) and incorporates the latest 2025 requirements, including lead-based paint disclosures, security deposit rules, and required notices.

Why You Need a Written West Virginia Rental Agreement in 2025

West Virginia law does not require a written lease for tenancies longer than one year to be enforceable, but every experienced landlord knows that relying on verbal agreements is a recipe for expensive disputes. A properly executed West Virginia rental agreement protects both parties by clearly defining rent amounts, due dates, maintenance responsibilities, and termination procedures.

According to the West Virginia Landlord-Tenant Act (§37-6-1 et seq.), having everything in writing prevents the most common eviction and small-claims court battles I see in my practice.

Key Features of This Free West Virginia Lease Agreement Template

Download Your Free West Virginia Lease Agreement Template

Download West Virginia Lease Agreement (PDF)   Download West Virginia Rental Agreement (Word .docx)

Both versions are 100% free, require no signup, and are updated for 2025 West Virginia law.

What West Virginia Law Requires in Every Residential Lease Agreement

Having practiced landlord-tenant law in Charleston, Morgantown, and Huntington for over a decade, I've learned exactly what judges look for when disputes reach court. West Virginia Code §37-6-5 specifically requires landlords to disclose:

Required DisclosureWest Virginia CodeWhen Required
Lead-Based Paint HazardFederal & WV adoptedAny property built before 1978
Security Deposit Location§37-6A-2All tenancies
Non-Refundable Fees Identified§37-6A-1If charging pet fees, cleaning fees, etc.
Flood Zone DisclosureRecommendedProperties in FEMA flood zones

Security Deposit Rules Every West Virginia Landlord Must Follow

West Virginia limits security deposits to one month's rent (§37-6A-2). Landlords must return the deposit (minus legitimate deductions) within 45 days after lease termination, or sooner if the tenant provides a forwarding address and the exact move-out date.

In my experience representing both landlords and tenants, failing to follow the security deposit timeline is the #1 reason landlords lose in small claims court.

Month-to-Month vs. Fixed-Term West Virginia Rental Agreements

West Virginia recognizes both lease types, but the termination rules differ significantly:

Recommended Clauses for Your West Virginia Lease Agreement

Through years of seeing what causes problems, I always include these protective clauses:

How to Properly Execute Your West Virginia Rental Agreement

  1. Complete all blank fields with accurate information
  2. Both landlord and all adult tenants must sign and date
  3. Provide each tenant with a complete copy within 3 days
  4. Include all required attachments (lead disclosure, move-in checklist, etc.)
  5. Consider having signatures notarized (not required but helpful in court)

Common Mistakes That Make West Virginia Leases Unenforceable

In my practice, I've seen these errors void otherwise solid agreements:

Frequently Asked Questions About West Virginia Lease Agreements

Can I charge application fees in West Virginia?
Yes. West Virginia has no limit on application fees, but they must be disclosed upfront and cannot be considered part of the security deposit.

Are pet fees considered security deposits?
Only refundable pet deposits count toward the one-month limit. Non-refundable pet fees are permitted separately.

Does West Virginia require rent grace periods?
No. Rent is due on the date specified in the lease. However, landlords must provide 5-day notice before filing eviction for nonpayment.

Free Bonus: Move-In/Move-Out Checklist Template

When you download the West Virginia lease agreement, you'll also receive my comprehensive move-in/move-out checklist that has saved my landlord clients thousands in disputed damage claims.

Remember: This free West Virginia lease agreement template is provided for informational purposes only and does not constitute legal advice. Laws change, and your specific situation may require customized provisions. Always consult with a licensed West Virginia attorney for your particular rental situation.

Sources: West Virginia Code Chapter 37, IRS.gov lead-based paint regulations, U.S. Department of Housing and Urban Development

Last updated: November 2025