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West Virginia room rental agreement
Written for West Virginia law, checked September 24, 2026 General information, not legal advice
Rentari offers a general room-rental agreement form, but it is not tailored to West Virginia or every local rule. Review the room, shared spaces, occupancy requirements, and applicable West Virginia and city rules before using a form. The state table below covers selected deposit and entry rules, not every room-rental requirement.
West Virginia rules that apply
- Security deposit limit
- No limit set
- neither the deposit article nor the landlord and tenant article caps it
- W. Va. Code chapter 37, article 6W. Va. Code chapter 37, article 6A
Security deposit limit
Not set by statuteNo section of West Virginia's security deposit article or its landlord and tenant article caps the amount of a security deposit.
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A
More detail (3)
- A security deposit is any refundable deposit a tenant gives to secure performance of the rental agreement or against damage to the home. It does not include rent or prepaid rent. W. Va. Code 37-6A-1(14)
- A pet fee or an application fee falls outside the security deposit definition only if you and the tenant expressly agree in writing that it is nonrefundable. W. Va. Code 37-6A-1(14)
- If the tenant has an assignee or subtenant, you may hold a security deposit from only one of them. W. Va. Code 37-6A-2(f) See Deposit return on the West Virginia page
The West Virginia lease states the deposit amount you set and says West Virginia does not cap the deposit.
Landlord entry
Not set by statuteNeither article sets a notice period before you enter the home or limits when you may enter, so the lease sets those terms.
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A
More detail (1)
- After a tenant who owes rent abandons the home and does not pay within one month of your posted notice, you are entitled to possession and may enter. W. Va. Code 37-6-6(a) See Abandoned property on the West Virginia page
As a lease term, the lease requires at least the hours of written notice you set (24 unless you choose otherwise) before a non-emergency entry, and entry only at reasonable times.