Most Commonly Used West Virginia Lease Agreements
In West Virginia, the most commonly used leases are residential lease agreements: the annual standard lease, the month-to-month lease agreement, the lease to own agreement, the roommate agreement, and the sublease agreement.
All of the most commonly used West Virginia lease agreements rely on the same elements. They also have some distinct differences.
- A roommate agreement explains which areas in the rental are for the exclusive use of the roommate and which areas are for use by all the residents.
- A standard residential lease agreement is usually written for a term of one year. When the term ends, the lease may convert to a month-to-month tenancy or it may renew for another year. Both a month-to-month tenancy and a standard residential lease agreement have similarities. One of the most common similarities is found in the use of a required written 30-day notice to move out if either party plans to not renew the lease when it ends.
How to Write a West Virginia Lease Agreement
West Virginia lease agreements must comply with the state’s landlord-tenant laws or they cannot be enforced by the courts. There are other laws that must also be considered. You’ll learn more about some of those laws under the sections related to disclosures and security deposits.
Before signing the lease, make sure that you read it carefully or have it reviewed by a lawyer.
A West Virginia lease agreement should include the following information:
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Names of the Parties - This is the landlord’s name or the name of the property management company’s name as well as the legal name of the tenant(s).
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Property Address - This is the full street address of the rental property. It should include the city, zip code, and, if there is one, the lot number or unit number.
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Term Information - This is the type of lease agreement the parties agree to enter into. For example, a month-to-month lease or a fixed term. A fixed-term lease means that the parties agree that the tenant will hold possession of the rental for a certain amount of time, usually one year. If it is a fixed lease, this section should include the date the lease ends.
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Rental Amount - This section includes the date the lease begins, the amount of the monthly rent, the day of the month the rent is due, and the address where the rent may be paid.
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Late Fee - This section documents the amount of the fee that must be paid by the tenant if the rent is not paid on time.
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Security Deposit - This is the amount of money that must be paid in advance by the tenant before they take possession of the property. A security deposit is used to repair damages caused by the tenant.
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Initial Payment - This is the total amount of money that must be paid by the tenant so that they can move into the property. It includes the amount of the first month’s rent, the security deposit, and the total of the two numbers added together.
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Occupants - This section includes the legal name of each tenant even if they are a minor or they are not signing the lease. This part of a West Virginia lease agreement establishes who will live in the rental. For a commercial space, it designates those who have permission to use the space. If the presence of additional occupants changes the price of the rent, it should be included in this section.
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Utilities - This section explains which utilities or services a tenant does not pay.
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Parking - This section informs the tenant if they will receive a parking space. If the space is reserved and if there is a designated spot, this information should be provided in this section.
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Furnishings - This section tells tenants what they may install, such as a washing machine or dishwasher, or what they may not install. If the tenant is not allowed to bring their own appliances, that should be designated in this section.
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Notices - This section documents the names of the landlord or property manager and the tenant along with their full mailing address. This contact information is used if one of the parties needs to send a notice to the other party.
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Eviction - This section educates the tenant on how eviction would be carried out in the event of nonpayment of rent or a breach of other lease terms.
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Additional Terms - This section provides any other terms the parties agreed to that aren’t included in any other section of the lease.
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Signature and Date - The document must be signed and dated by the parties.
Which Disclosures Belong in a West Virginia Lease Agreement?
Under state law, if there are any non-refundable fees, that must be disclosed to the tenant inside of the lease agreement. If the residential dwelling was built before 1978, federal law states that the landlord must provide a lead paint disclosure.
What You Need to Know About West Virginia Lease Agreements?
Under West Virginia law, there is no limit as to how much a property owner may require tenants to pay as a security deposit. The landlord must return the deposit within 60 days of the end of tenancy. However, if the landlord rents out the property within 45 days, the deposit must be returned at that time.
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