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Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Adam Ramirez has been writing and editing about the law and legal issues for more than 20 years. After earning a law degree from the University of Arizona, he clerked for two years for a U.S. District Court judge. He researched and wrote legal precedent in published opinions on behalf of the Court. He previously was an editor, columnist and journalist at the Miami Herald, The Dallas Morning News, The Oregonian, Golf Digest, FindLaw.com and other media outlets.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
Jeffrey Johnson started his editorial career nearly 20 years ago as an editor and researcher for McGraw Hill and Pearson. After earning an MFA from Chapman University and his J.D. from the University of Baltimore School of Law, he combined his editorial and writing experience with his legal education. He served as the Managing Legal Editor for the websites Free Advice and Law Firm, and has been featured as a legal expert on The Manifest and Vice.
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When a landlord agrees to let another person or group use their property, it’s to the benefit of both parties—and sometimes a legal requirement—that they create a lease agreement.
This article will outline the requirements of a valid West Virginia rental contract and how it can protect the rights of tenants and landlords. We also provide a free template that you can use as the basis of a West Virginia lease. Enter your email address below to get our lease template, tailored to comply with West Virginia law.
What Is a Lease Agreement?
A lease agreement is a contract between a landlord—the property owner—and a tenant (or tenants)—the person or people using the property.
The purpose of a lease is to spell out the rights and responsibilities of all parties. These typically include the landlord’s right to collect the agreed-upon rent, for example, and their duties to repair and maintain the property. The tenants also have rights and responsibilities in most rental contracts.
The exact nature of the roles of each party will depend on the nature of the document, West Virginia laws and the terms that the landlord and tenant agree to.
When Is a Lease Agreement Used in West Virginia?
A rental agreement is used when a property owner wants to rent their property to a tenant. While it is legal to have an oral lease agreement in West Virginia, having an agreement in writing is usually a good idea.
Without a written document, it could be challenging to prove that the other party isn’t honoring your agreement, and it may be more difficult to hold them accountable.
Who Typically Creates a Lease Agreement?
Often, the creation of the lease agreement falls to the landlord. In fact, in residential rental situations, the tenant may find themselves unable to negotiate any terms at all, and the landlord will likely not sign a lease the tenant provides.
There is no requirement that the landlord create the lease, however. Either party can draft a lease—possibly with the aid of a template like our free version—as a starting point for negotiating the lease terms.
What Parties Are Involved in a Lease Agreement?
The parties to a rental contract are:
- The landlord who owns the property
- The tenant who occupies the property
The landlord and tenant can be single individuals, groups of people or companies.
Sometimes, a landlord may require a tenant to find a cosigner, who becomes a third party to the contract. A cosigner—also called a guarantor—is responsible for fulfilling the tenant’s obligations under the lease if the tenant fails to do so.
What Should Be Included in a West Virginia Lease Agreement?
In West Virginia, a lease only needs to contain a few things to be legally sufficient. As long as the contract identifies the landlord, tenant, property and material terms of the lease, it’s a valid document.
“Material terms” in West Virginia means the terms necessary to the agreement. In the case of a lease, this means terms required for the landlord or tenant to fulfill their obligations to one another. The amount of rent due, how often it’s due and how it’s to be paid are all necessary terms (especially if you’re the landlord).
If your West Virginia rental agreement has these terms along with the duration of the lease, it will probably suffice. It is always wise to consult with a local attorney, as well.
Frequently Asked Questions (FAQs)
Does a lease need to be notarized in West Virginia?
A West Virginia lease does not need to be notarized to be valid and enforceable. In fact, notarizing a lease is extremely rare—increasingly so as more and more residential leases are e-signed.
How much can a landlord increase the rent in West Virginia?
There are no caps on how much a landlord can increase the rent in most states. In West Virginia, there are no rent controls.
What is the maximum fee for late rent in West Virginia?
Under West Virginia law, there is no limit to the late fee landlords can charge tenants for late rent.
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