10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide statutory cap on the security deposit amount. Article 6A defines 'security deposit' as any refundable deposit securing the rental agreement or damages and regulates only its application and return (§ 37-6A-2); no section of Article 6A or Article 6 limits the amount. (W. Va. Code § 37-6A-1(14); art. 6A (§§ 37-6A-1 to 37-6A-6), confirmed 2026-10). Returning the deposit: Within the 'notice period': 60 days after termination of the tenancy OR 45 days after a subsequent tenant occupies the premises, whichever is shorter, return the deposit less lawful deductions with a written itemization. If damages exceed the deposit and require a third-party contractor, landlord gets an additional 15 days to itemize after timely written notice. Willful/bad-faith noncompliance: unreturned deposit plus damages of 1.5x the amount wrongfully withheld. (W. Va. Code § 37-6A-2(a), (c); § 37-6A-1(7); § 37-6A-5(a), confirmed 2026-10).
How West Virginia treats the landlord's core obligations
Late fees: No statewide statutory cap on late fees and no mandatory grace period. The only statutory reference is that a landlord may apply the security deposit to 'reasonable charges for late payment of rent specified in the rental agreement' — i.e., late fees must be reasonable and set out in the rental agreement. (W. Va. Code § 37-6A-2(b)(1), confirmed 2026-10). Application fees: No statutory cap on rental application fees. § 37-6A-1 defines 'application fee' and excludes it from the security deposit; it may be nonrefundable only if the parties expressly agree in writing. (W. Va. Code § 37-6A-1(2), (14), confirmed 2026-10).
Nonpayment notice: No pre-filing pay-or-quit notice required: a landlord may petition magistrate or circuit court for summary relief when the tenant 'is in arrears in the payment of rent'. The tenant is served notice of the hearing after filing and may answer within 5 days. (W. Va. Code § 55-3A-1(a)(3), confirmed 2026-10). Rent increases: No statute specifically governing rent-increase notice and no statewide rent cap. A rent increase on a periodic tenancy of less than a year is effected by terminating/modifying the tenancy on notice of one full period before the end of a period (§ 37-6-5), i.e., one month's notice for a month-to-month tenancy, unless the rental agreement provides otherwise. (W. Va. Code § 37-6-5; § 37-6-9, confirmed 2026-10). Ending a month-to-month tenancy: A periodic tenancy with a period of less than one year (e.g., month-to-month) may be terminated by either party by notice for one full period before the end of any period (i.e., one month's notice for month-to-month). Year-to-year tenancies require three months' written notice. (W. Va. Code § 37-6-5, confirmed 2026-10). Entry: No statutory entry-notice requirement. West Virginia's landlord-tenant article (ch. 37, art. 6) imposes a duty to deliver and maintain the premises in fit and habitable condition (§ 37-6-30) but contains no landlord-access or notice-of-entry provision; entry terms are governed by the lease and the common-law covenant of quiet enjoyment. Give reasonable (customarily 24 hours') notice by lease. (W. Va. Code § 37-6-30(a); ch. 37, art. 6 (no access provision), confirmed 2026-10).
West Virginia has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What West Virginia allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide statutory cap on the security deposit amount. Article 6A defines 'security deposit' as any refundable deposit securing the rental agreement or damages and regulates only its application and return (§ 37-6A-2); no section of Article 6A or Article 6 limits the amount.
“'Security deposit' means any refundable deposit of money that is furnished by a tenant to a landlord to secure the performance of the terms and conditions of a rental agreement, or as security for damages to the leased premises.”
Excerpt from the cited source as read on the date shown.
Sourced absence finding: the definitional and deduction sections were read in full; no amount limit appears anywhere in Article 6A.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-10
Within the 'notice period': 60 days after termination of the tenancy OR 45 days after a subsequent tenant occupies the premises, whichever is shorter, return the deposit less lawful deductions with a written itemization. If damages exceed the deposit and require a third-party contractor, landlord gets an additional 15 days to itemize after timely written notice. Willful/bad-faith noncompliance: unreturned deposit plus damages of 1.5x the amount wrongfully withheld.
“"Notice period" means: (A) within 60 days of the termination of the tenancy; or (B) within 45 days of the occupation of the premise by a subsequent tenant, whichever time period is shorter.”
Excerpt from the cited source as read on the date shown.
Definition quoted from § 37-6A-1(7) (https://code.wvlegislature.gov/37-6A-1/); § 37-6A-2(a) requires return 'within the applicable notice period'.
Reference value in Aptoria's compliance data: “60 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
Permitted and uncapped. A 'pet fee' is excluded from the statutory definition of 'security deposit' and may be made nonrefundable if the parties expressly agree in writing; a refundable pet deposit is simply part of the security deposit. West Virginia has no statutory cap on security deposits, so there is no combined limit.
“Security deposit does not include: (A) Rent; (B) a pet fee; or (C) application fee: Provided, That the parties expressly agree, in writing, that a pet fee or application fee is nonrefundable.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a West Virginia lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statewide statutory cap on late fees and no mandatory grace period. The only statutory reference is that a landlord may apply the security deposit to 'reasonable charges for late payment of rent specified in the rental agreement' — i.e., late fees must be reasonable and set out in the rental agreement.
“The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement;”
Excerpt from the cited source as read on the date shown.
Article 6 section titles (31 sections) contain no late-fee provision; § 37-6-9 treats rent as recoverable by action with interest 'as on other contracts'.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No statutory cap on rental application fees. § 37-6A-1 defines 'application fee' and excludes it from the security deposit; it may be nonrefundable only if the parties expressly agree in writing.
“'Application fee' means any deposit of money, however denominated, which is paid by a tenant to a landlord, lessor or agent of a landlord for the purpose of being considered as a tenant for a dwelling unit.”
Excerpt from the cited source as read on the date shown.
Sourced absence finding: no amount limit appears in Article 6A or Article 6.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(d) No statewide rent-cap statute and no enacted statute expressly preempting or authorizing local rent control. Chapter 37, Article 6 governs rent only as a contractual sum recoverable by distress or action (§ 37-6-9). Bills to add an express rent-control ban (SB 497 of 2024; SB 168 and HB 3435 of 2025, which would amend § 37-6-9 or add §§ 7-1-17 / 8-11-6) were introduced but the current code shows § 37-6-9 unamended and §§ 7-1-17 / 8-11-6 nonexistent, i.e., not enacted. No West Virginia municipality has rent control.
“Rent of every kind may be recovered by distress or action.”
Excerpt from the cited source as read on the date shown.
https://code.wvlegislature.gov/7-1-17/ and /8-11-6/ return no section text (not enacted). Article 6 section list contains no title mentioning rent increase or rent control.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice West Virginia requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
No statute specifically governing rent-increase notice and no statewide rent cap. A rent increase on a periodic tenancy of less than a year is effected by terminating/modifying the tenancy on notice of one full period before the end of a period (§ 37-6-5), i.e., one month's notice for a month-to-month tenancy, unless the rental agreement provides otherwise.
“A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period.”
Excerpt from the cited source as read on the date shown.
Sourced absence finding: Article 6 has no rent-increase section (section list checked); § 37-6-5 is the closest governing rule. § 37-6-5 does not apply where a special agreement sets a different notice.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
A periodic tenancy with a period of less than one year (e.g., month-to-month) may be terminated by either party by notice for one full period before the end of any period (i.e., one month's notice for month-to-month). Year-to-year tenancies require three months' written notice.
“A periodic tenancy, in which the period is less than one year, may be terminated by like notice ... by notice for one full period before the end of any period”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
No pre-filing pay-or-quit notice required: a landlord may petition magistrate or circuit court for summary relief when the tenant 'is in arrears in the payment of rent'. The tenant is served notice of the hearing after filing and may answer within 5 days.
“the tenant is wrongfully occupying the property in that the tenant is in arrears in the payment of rent”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide minimum”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a West Virginia landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
No statutory entry-notice requirement. West Virginia's landlord-tenant article (ch. 37, art. 6) imposes a duty to deliver and maintain the premises in fit and habitable condition (§ 37-6-30) but contains no landlord-access or notice-of-entry provision; entry terms are governed by the lease and the common-law covenant of quiet enjoyment. Give reasonable (customarily 24 hours') notice by lease.
“deliver the dwelling unit and surrounding premises in a fit and habitable condition”
Excerpt from the cited source as read on the date shown.
the Article 6 section list (§§ 37-6-1 to 37-6-31) has no access/entry-notice section ('entry' in titles refers only to re-entry after default and officer entry on distress).
Reference value in Aptoria's compliance data: “Reasonable notice”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
West Virginia next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
Federal and state disclosures Aptoria's lease workflow surfaces for West Virginia. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
Official sources
Primary sources a West Virginia landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in West Virginia?
No statewide statutory cap on the security deposit amount. Article 6A defines 'security deposit' as any refundable deposit securing the rental agreement or damages and regulates only its application and return (§ 37-6A-2); no section of Article 6A or Article 6 limits the amount. (W. Va. Code § 37-6A-1(14); art. 6A (§§ 37-6A-1 to 37-6A-6), confirmed 2026-10).
How long does a West Virginia landlord have to return the security deposit?
Within the 'notice period': 60 days after termination of the tenancy OR 45 days after a subsequent tenant occupies the premises, whichever is shorter, return the deposit less lawful deductions with a written itemization. If damages exceed the deposit and require a third-party contractor, landlord gets an additional 15 days to itemize after timely written notice. Willful/bad-faith noncompliance: unreturned deposit plus damages of 1.5x the amount wrongfully withheld. (W. Va. Code § 37-6A-2(a), (c); § 37-6A-1(7); § 37-6A-5(a), confirmed 2026-10).
What is the maximum late fee in West Virginia?
No statewide statutory cap on late fees and no mandatory grace period. The only statutory reference is that a landlord may apply the security deposit to 'reasonable charges for late payment of rent specified in the rental agreement' — i.e., late fees must be reasonable and set out in the rental agreement. (W. Va. Code § 37-6A-2(b)(1), confirmed 2026-10).
How many days does a West Virginia pay-or-quit notice give the tenant?
No pre-filing pay-or-quit notice required: a landlord may petition magistrate or circuit court for summary relief when the tenant 'is in arrears in the payment of rent'. The tenant is served notice of the hearing after filing and may answer within 5 days. (W. Va. Code § 55-3A-1(a)(3), confirmed 2026-10).
How much notice must a West Virginia landlord give before entering?
No statutory entry-notice requirement. West Virginia's landlord-tenant article (ch. 37, art. 6) imposes a duty to deliver and maintain the premises in fit and habitable condition (§ 37-6-30) but contains no landlord-access or notice-of-entry provision; entry terms are governed by the lease and the common-law covenant of quiet enjoyment. Give reasonable (customarily 24 hours') notice by lease. (W. Va. Code § 37-6-30(a); ch. 37, art. 6 (no access provision), confirmed 2026-10).
How much notice is required to raise rent in West Virginia?
No statute specifically governing rent-increase notice and no statewide rent cap. A rent increase on a periodic tenancy of less than a year is effected by terminating/modifying the tenancy on notice of one full period before the end of a period (§ 37-6-5), i.e., one month's notice for a month-to-month tenancy, unless the rental agreement provides otherwise. (W. Va. Code § 37-6-5; § 37-6-9, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in West Virginia?
A periodic tenancy with a period of less than one year (e.g., month-to-month) may be terminated by either party by notice for one full period before the end of any period (i.e., one month's notice for month-to-month). Year-to-year tenancies require three months' written notice. (W. Va. Code § 37-6-5, confirmed 2026-10).
Does West Virginia have statewide rent control?
No statewide rent regulation is on file for West Virginia. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in West Virginia?
No statewide source-of-income protection is on file for West Virginia, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a West Virginia landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.