TurboTenant’s West Virginia lease agreement has been written and reviewed by West Virginia lawyers and landlords. It’s been drafted to keep you compliant and covered as you rent out your property.
Click this link to see an example of the West Virginia Lease Agreement.
The West Virginia lease agreement is split up into three sections.
Section 1 contains information specific to you, your tenants, your rental property, and the details of your lease. This is all information that you add during the lease creation process in TurboTenant.
Section 2 contains clauses in accordance with West Virginia law. In order to stay compliant with the law, you will not be able to edit any details in Section 2.
Section 3 contains general clauses for landlords in the United States. It was drafted with best practices in mind for the landlord, tenant relationship. Like Section 2, you will not be able to edit these details.
While you may not edit all of the specifics directly, remember you can add additional provisions that supersede any existing language in the lease by using the Additional Provisions section. This gives you customization and flexibility should you have unique things you want to ensure are covered in your lease.
Section 1 - Custom to You
Section 1 contains the custom details relevant to you, your tenants, and your rental property— who is on the lease, rent amount, utilities, etc. You’ll add these details during the lease creation process
We’ve set up the lease agreement in a way that is easy for you and your tenants to understand. You’ll see the main details you’ve added to the summary table at the front of the lease agreement. The remaining items—like smoking, utilities, keys, etc.—are outlined in the rest of Section 1 as you can see in this example West Virginia Lease Agreement.
Here are a couple of other items in Section 1 worth mentioning:
Additional Provisions: this is where you can add any property specific rules, necessary local clauses, or other specifics you want to include. We recommend that you review any additional provisions with a lawyer.
Lost Key: if your tenants do not return all keys to you when they move out then they are required to pay for the full cost of rekeying the property.
Section 2 - Specific to West Virginia
Section 2 includes language that is specific to West Virginia. In order to help make sure you stay compliant with local laws, we’ve not allowed you to edit the details here.
There are some clauses in Section 2 that we wanted to call out so you understand how it affects you and your tenants.
Late Fees - Section 2.1
Rent is due in full on the first day of each and every month. If the rent is not received on or before the 5th day of the month, you may charge your tenants a late fee of 5% of the total unpaid rent amount. So for example, if today is the 6th and your tenants have not paid their $1,000 monthly rent amount, then you may charge them a late fee of $50.
Security Deposit Provisions - Section 2.4
Security deposits requirements may vary quite a bit from state to state. In West Virginia:
There is no state statutory maximum security deposit amount in West Virginia. Typically deposits are 1-2 times the monthly rent.
Security deposit returns in West Virginia also have some unique rules:
Landlord must return the security deposit within 60 days after the termination or expiration of this Agreement, unless Premises becomes occupied by another tenant, then Landlord shall return within 45 days.
Fair Housing - Section 2.11
Civil rights laws of the United States and West Virginia prohibit housing discrimination on the basis of race, color, religion, national origin, sex, marital status, disability, sexual orientation, gender identity or familial status. There may be additional local ordinances that may include other protected classes. Please research protected classes in your county if there is a concern. All parties to this Agreement shall act according to all applicable fair housing laws.
Notice of Domestic Abuse Protections - Section 2.17
A tenant has a defense to an eviction f the tenant can prove that the landlord knew, or should have known, the tenant is a victim of domestic abuse, sexual assault, or stalking and that the eviction action is based on conduct related to domestic abuse, sexual assault, or stalking. There is some additional detail that we've included, based on the law, in our lease agreement for West Virginia on this provision.
The clauses in Section 3 are standard to most lease agreements. Along with the rest of the lease agreement, we worked with experienced landlords to make sure you are following best practices in your lease agreement.
Subletting - Section 3.1
Your tenant is not at all allowed to sublease the rental property without your written permission.
Altering or Improving the Property - Section 3.2
Your tenant cannot make any alterations or improvements—like repainting—without your written consent. Unless agreed upon, when they move out, the property must be in the same condition that it was in when they moved in.
Choice of Law - 3.11
The rental agreement will be governed and construed in accordance to West Virginia's own laws. Also there is a requirement to consent to the use of the county courts in which the property is located.
Follow the Law (noise, drugs, etc.) - Section 3.14
Your tenant cannot break any law or ordinance (federal, state, or local) while on your rental property. This also includes a clause saying they are not allowed to be annoying or a nuisance to neighbors while on the property. Any of the above can be good grounds for terminating the lease agreement.
Missing something you want to make sure is included?
This article only includes an overview of some of the details included in the West Virginia Lease Agreement. You can read the whole agreement and double-check for specific details by clicking this link to see an example of the agreement
We wanted our lease agreement to handle the majority of use cases for landlords in West Virginia. However, we do know that some rental situations are unique. If there are other specifics you want to outline in the lease agreement, you can do so in the Additional Provisions section while creating your lease agreement in TurboTenant. We recommend that you review them with a lawyer to ensure you stay compliant with the law.
DISCLAIMER: This lease agreement is not warrantied, either expressly or implied, by TurboTenant, Inc. as to their effectiveness or completeness. TurboTenant, Inc. does not provide legal advice. TURBOTENANT, INC. AND ITS SERVICES, DOCUMENTS, RECORDS, AND PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY. The user is advised to check all applicable state and federal laws before using this agreement, attachments, disclosures, forms, or parts thereof and to have them reviewed by competent legal counsel prior to use.