How much can a landlord charge for a security deposit in West Virginia?

West Virginia statute sets no cap on the deposit, so the amount is whatever the lease says. What W. Va. Code 37-6A-1 does fix is how and when the deposit comes back.

How much notice does a West Virginia landlord give before entering?

West Virginia statute sets no notice period before the landlord enters, so this lease uses at least 24 hours' notice at a reasonable time, and no notice in an emergency.

Which West Virginia statutes does this lease cite?

W. Va. Code 37-6A-1, W. Va. Code 37-6A-2 and W. Va. Code 37-6-5, read on October 23, 2026. They print in the document footer so a reader can check each clause against the statute in a minute.

Should a lawyer look at this West Virginia lease before I use it?

It is a general form, not legal advice, and it does not claim to comply with any law. The clauses state what the West Virginia statute requires and name the statute. A lawyer who works with West Virginia landlords can tell you whether the form fits your property, your city and the terms you want to add, which is worth the hour before signing a lease for a large rent or a long term.

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West Virginia Residential Lease Agreement

A plain-language lease for a house or apartment in West Virginia. The deposit, notice and disclosure clauses follow West Virginia statute, cited in the document. Download the blank PDF or e-sign it online; electronic signatures are recognized under the federal ESIGN Act and state UETA laws.

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Page one of the West Virginia Residential Lease Agreement — Page 1 of the PDF. Tinted boxes are the placed fields, one color per role.

West Virginia rules in this lease

Security deposit cap: No cap in the statute
Deposit return: Within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter, the Landlord returns the deposit to the Tenant's last known or forwarding address with a written itemization of any damage or other charges, and may take 15 more days to itemize when damage beyond the deposit needs a third-party contractor and the Landlord gives written notice within the original period.
Ending a month-to-month tenancy: Either party ends a month-to-month tenancy with written notice given at least one full rental period before the end of a period, unless the lease sets a different notice.
Landlord entry: No notice period in the statute; the lease uses 24 hours
Disclosures: 2 items, listed below with the section that requires each one
Statutes: W. Va. Code 37-6A-1, W. Va. Code 37-6A-2, W. Va. Code 37-6-5. Read the West Virginia statute
Rules read on: 2026-10-23

A general form, not legal advice, and not a claim that it complies with any law. Rules change and vary by city. Check the statute cited here, or ask a lawyer, before you rely on it.

What is different in West Virginia

Pick West Virginia and three parts of this lease change: the security deposit clause, the notice clause for a month-to-month tenancy and the disclosures checklist, each rewritten from the West Virginia statute. The rest of the document reads the same in every state.

West Virginia sets no ceiling on the deposit and no rule about where it is kept, so the amount and the account are the landlord's call. The return is the part the statute fixes: the rule, quoted in full below, says when and how the deposit comes back, and requires an itemized statement of anything kept and turns on the tenant's forwarding address.

Ending a month-to-month tenancy works the same from both sides in West Virginia. Either party ends a month-to-month tenancy with written notice given at least one full rental period before the end of a period, unless the lease sets a different notice.

On entry the West Virginia statute is silent, so the lease fills the gap with at least 24 hours' notice at a reasonable time and no notice in an emergency, and the footer says the statute set no period.

One West Virginia disclosure joins the federal lead paint item on the checklist: any pet fee or application fee the Landlord keeps as nonrefundable, agreed in writing, since it otherwise counts as part of the deposit. The landlord initials it, and the section that requires it prints beside it.

This row notes no city or county overlay for West Virginia; if the property is in a city with its own rental ordinance, check it before signing. The state clauses follow three sections of West Virginia law, read on October 23, 2026 and listed in the Statutes row above; the same citations print in the footer of the PDF.

Read the West Virginia clauses

The wording below is what prints in the PDF for West Virginia, word for word, under the headings Security deposit, Entry, Ending the lease and default, and Disclosures.

Security deposit

Within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter, the Landlord returns the deposit to the Tenant's last known or forwarding address with a written itemization of any damage or other charges, and may take 15 more days to itemize when damage beyond the deposit needs a third-party contractor and the Landlord gives written notice within the original period.

Entry

The Landlord may enter at reasonable times to inspect, repair or show the Premises after at least 24 hours' notice, and without notice in an emergency.

Ending the lease and default

Either party ends a month-to-month tenancy with written notice given at least one full rental period before the end of a period, unless the lease sets a different notice. If rent is unpaid or a term is broken, the Landlord gives the written notice West Virginia law requires before ending the tenancy, and the Tenant is responsible for rent through the end of the term unless the Premises is re-rented sooner.

Disclosures the Landlord initials

Lead-based paint and hazards, for a building built before 1978, with the EPA pamphlet (42 U.S.C. 4852d)
Any pet fee or application fee the Landlord keeps as nonrefundable, agreed in writing, since it otherwise counts as part of the deposit (W. Va. Code 37-6A-1(14))

Footer of the PDF: West Virginia clauses follow W. Va. Code 37-6A-1, W. Va. Code 37-6A-2, W. Va. Code 37-6-5 as read on 2026-10-23.

West Virginia lease questions

How much can a landlord charge for a security deposit in West Virginia?: West Virginia statute sets no cap on the deposit, so the amount is whatever the lease says. What W. Va. Code 37-6A-1 does fix is how and when the deposit comes back.
When does the security deposit come back in West Virginia?: Within 60 days after the tenancy ends or 45 days after a new tenant moves in, whichever is shorter, the Landlord returns the deposit to the Tenant's last known or forwarding address with a written itemization of any damage or other charges, and may take 15 more days to itemize when damage beyond the deposit needs a third-party contractor and the Landlord gives written notice within the original period.
How much notice ends a month-to-month tenancy in West Virginia?: Either party ends a month-to-month tenancy with written notice given at least one full rental period before the end of a period, unless the lease sets a different notice.
How much notice does a West Virginia landlord give before entering?: West Virginia statute sets no notice period before the landlord enters, so this lease uses at least 24 hours' notice at a reasonable time, and no notice in an emergency.
What does a West Virginia landlord have to disclose with the lease?: Beyond the federal lead paint disclosure for a building built before 1978, the West Virginia checklist has one item: any pet fee or application fee the Landlord keeps as nonrefundable, agreed in writing, since it otherwise counts as part of the deposit. Each one names its statute and the landlord initials it in the document.
Which West Virginia statutes does this lease cite?: W. Va. Code 37-6A-1, W. Va. Code 37-6A-2 and W. Va. Code 37-6-5, read on October 23, 2026. They print in the document footer so a reader can check each clause against the statute in a minute.
Should a lawyer look at this West Virginia lease before I use it?: It is a general form, not legal advice, and it does not claim to comply with any law. The clauses state what the West Virginia statute requires and name the statute. A lawyer who works with West Virginia landlords can tell you whether the form fits your property, your city and the terms you want to add, which is worth the hour before signing a lease for a large rent or a long term.

Who this is for. A West Virginia lease is one half of a landlord's paperwork; proving a notice was received is the other. Both are covered at free e-signatures for landlords.

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