West Virginia Residential Lease Agreement
What West Virginia law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free West Virginia lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
What West Virginia law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 60 days after move-out
- Notice to end month-to-month
- 30 days
Source: W. Va. Code §37-6A-1 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 60 days after move-out? Ask for it in writing with a West Virginia security deposit demand letter; if that doesn’t work, the usual next step is West Virginia small claims court.
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Frequently asked questions
How much security deposit can a landlord charge in West Virginia?
West Virginia does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 60 days after you move out (as of 2026). Source: W. Va. Code §37-6A-1.
Is this lease valid in West Virginia?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in West Virginia once both sides sign. What it cannot do is contract around West Virginia law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How does West Virginia compare? See the security deposit limits in all 50 states, every figure cited to statute.
How West Virginia compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for West Virginia: W. Va. Code §37-6A-1 ↗.
- West Virginia is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 60 days — about 2× the national median of 30 days across the 51 states with a statutory rule.
Ranked #1 of 51 states (tied with 2) — higher means more time for the landlord to return the deposit.
2 other states use the same figure.
Deposit return deadline in neighboring states — Kentucky (30 days), Maryland (45 days), Ohio (30 days), Pennsylvania (30 days), Virginia (45 days). West Virginia's 60 days is the longest among its neighbors.
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Kentucky (30 days), Maryland (30 days), Ohio (30 days), Pennsylvania (15 days), Virginia (30 days).
The rest of what West Virginia requires
The figures below are West Virginia's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full West Virginia page for that document.
- Small claims limit · as of 2026
- $20,000 W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
- Where you file · as of 2026
- Magistrate Court · filing fee $30-$50 by claim size under W. Va. Code § 50-3-1: $30 for claims of $500 or less (and non-monetary relief), $35 up to $1,000, $40 up to $2,000, $50 over $2,000. W. Va. Code § 50-2-1 (as amended by HB 2761, eff. July 7, 2025) ↗
- Rental application fee · as of July 2026
- No statutory limit West Virginia Code ↗
- Bill of sale notarization · as of 2026
- Required to transfer a vehicle title West Virginia DMV (Form DMV-7-TR) ↗
- Power of attorney signing · as of 2026
- Notarization required W. Va. Code §39B-1-105 (form §39B-3-101) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules W. Va. Code § 31B-1-103 ↗
- Recording a deed · as of 2026
- Clerk of the County Commission (the 'County Clerk'), W. Va. Code § 39-1-2 · no witnesses W. Va. Code § 39-1-2 ↗
Lease agreement in other states
More West Virginia legal forms
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