Is it necessary to have a written lease or rental agreement in West Virginia?
A written lease or rental agreement is not required by law, however, it is recommended because it clearly sets out the terms and conditions of the tenancy, and the rights and responsibilities of each of the parties.
What about a signed move-in move-out inspection report?
A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.
Can the landlord charge a deposit?
The landlord has the right to charge a security deposit, but there is no limit on the amount of the deposit. It is typically 1 or 2 months' rent. The landlord is not required to put the deposit in a bank, but must keep the money "in escrow" on behalf of the tenant. West Virginia law does not require interest to be paid on security deposits.
When a tenant moves out, the landlord can apply the security deposit to unpaid rent or to damages to the rental unit, except for normal wear and tear. The tenant must provide the landlord with a forwarding address to which the security deposit can be sent. If there are any deductions from the deposit, the landlord must provide a written statement outlining what was deducted and for what reasons.
West Virginia does not have a law to protect tenants' rights to have their security deposit returned, and the current landlord-tenant law does not set a time limit in which the deposit must be returned. If the landlord does not return the security deposit, the tenant must file a civil suit against the landlord.
When is the landlord allowed to increase the rent?
State law does not address how often or how much the landlord can raise the rent.
How can a lease be terminated?
If there is a written lease, the landlord or tenant must give at least the amount of notice stated in the lease. A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least 3 months prior to the end of a lease year. A month-to-month tenancy can be terminated by 1 month's written notice, and a week-to-week tenancy by 1 week's written notice.
When is the landlord permitted to enter the premises?
The landlord is permitted to enter the premises, on advance notice and with the tenant's consent, to inspect, make repairs, provide services or show the unit to prospective tenants or purchasers. In the case of an emergency, the landlord may enter without notice or consent. The landlord is prohibited from entering the premises without the tenant's permission or from invading the tenant's privacy.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for a number of different reasons, such as failure to pay the rent, violation of the lease, damage to the property, refusal to leave the rental unit after the termination or expiration of the lease. The landlord must give the tenant proper notice as prescribed by law, and if the tenant does not either move or cure the problem in the allotted time, the landlord can proceed with an eviction action in court.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts. It is unlawful for a landlord to seize a tenant's personal property as a means of collecting back rent.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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