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.
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.
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.
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 Disclosure | West Virginia Code | When Required |
|---|---|---|
| Lead-Based Paint Hazard | Federal & WV adopted | Any property built before 1978 |
| Security Deposit Location | §37-6A-2 | All tenancies |
| Non-Refundable Fees Identified | §37-6A-1 | If charging pet fees, cleaning fees, etc. |
| Flood Zone Disclosure | Recommended | Properties in FEMA flood zones |
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.
West Virginia recognizes both lease types, but the termination rules differ significantly:
Through years of seeing what causes problems, I always include these protective clauses:
In my practice, I've seen these errors void otherwise solid 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.
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