How much can I charge for rent?
The state of West Virginia does not restrict the amount of rent a landlord is permitted to charge. Therefore, a landlord may charge whatever he feels necessary. Additionally, the state of West Virginia has not established rent control or stabilization.
May I charge an application fee, late rent charge or a returned payment fee?
Application Fee and Late Charges:There is no statutory limit on late charges or application fees, however, assessed fees should be reasonably related to the expenses the landlord incurs as a result of a late payment.
Returned Payment Fee: The payee or holder of a worthless check may impose a service charge not to exceed $25 if a written notice of dishonor is sent by the holder to the maker.
- The notice should specify the amount of the check, the check number, the name of the financial institution and to whom payment is made.
- The notice should give the tenant 10 days to satisfy the payment plus the service charge.
- The notice should also state that in the event payment is not made in full, the tenant may be subject to legal proceedings, criminal or civil.
Is there a limit on the amount I may collect for a security deposit?
There is no statutory limit on the security deposit charged to the tenant so long as it is reasonable.
Do I need a separate bank account for the security deposit?
There are no specific regulations in West Virginia regarding the placement of security deposits.
My tenant has moved out, what shall I do with their security deposit? There is no set requirement after the termination of tenancy as to when the landlord must return the security deposit, or the balance of the security deposit after deductions. However, if a tenant feels that there is unfair treatment with the security deposit, the tenant may file a civil suit against the landlord to recover the security deposit.
What are the rules for ending a West Virginia lease or rental agreement?
(1) A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same.
(2) A periodic tenancy, in which the period is less than one year, may be terminated by a similar notice, or by notice for one full rental period before the end of any period.
(3) For a fixed term lease ( a lease with a beginning and ending date) unless specified otherwise in the agreement, lease will end and tenant shall vacate.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable.
My tenant was supposed to be out of the apartment and he is still there. What do I do?
If a tenant remains in possession without the landlord's consent after expiration of the rental agreement or its termination, the landlord may bring an action for possession.
How much notice do I have to give a tenant in order to evict them?
If you want to evict your tenant, a WRITTEN notice of eviction must be given to the tenant. Included in this written notice must be the date on which the tenant must vacate the premises.
The notice should give the tenant one full rental period before eviction proceedings are filed. (a full rental period is the time in between your
rent payments).
My tenant has not paid his rent and I served him notice. What do I do next?
Go to the District or County court where the property is located. You will file either file a unlawful detainer or summary ejectment suit. Check with the clerk of court as there are fees involved.
I have been assigned a court date, must I go?
Once a court date is set, a landlord should always arrive prepared. In many cases tenant’s often fail to appear in court, ultimately favoring the landlord. Regardless of the assumption that a tenant may not come to the court hearing, it is important to have all your ducks in a row. Come prepared and bring proof of rents received, such as a current rental ledger along with all correspondence including letters, notices and emails. If you have dates of phone conversations, they can be important as well. Proof is especially important in cases that involve nuisance or other lease violations.
What do I do with the tenant’s personal items that are left behind?
Upon regaining possession of the property, the landlord or his or her agent or housing authority may take, dispose of or otherwise remove the tenant's personal property without incurring any liability to the tenant or any other person. To dispose of the tenant's property, the landlord or housing authority shall give a written notice to the tenant.
What must I do to inspect my property? Do I have to notify the tenant?
There is no statute that defines a landlord's right of entry, however, the landlord should exercise caution and not abuse the right of entry.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Disclosure: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Laws change frequently and the Information provided is as current as possible and is not legal advice or a legal opinion. It is recommended that the reader seek independent counsel for any specific issue.