Introduction
To some, real estate is appealing since it is an opportunity to be your own boss. While this is true, you still must follow your state’s real estate laws and guidelines to avoid being taken to court by your tenants. Beyond the possibility for legal trouble, following state law regarding rental properties is a good way to make sure that you provide fair treatment to all your tenants and maintain your reputation as a good landlord.
Below are a few of the laws that landlords should know when renting out properties in West Virginia.
Rent and Fees
Collecting rent and other fees as a landlord is an important part of the job. However, state laws usually dictate how and when you can collect payment from your tenants.
In West Virginia, there is no specified due date for rent. However, unless the landlord says otherwise in the lease agreement, rent is typically due at the beginning of each month.
There is also no state regulation for application fees, late fees, or grace periods in West Virginia. Landlords can evaluate how much to charge in fees or how much to increase rent by as they see fit. However, everything the landlord charges for should be specified within the lease. For example, if the landlord has a rental property pet agreement and charges a set rate for pet rent, they should include the amount in the lease.
If a tenant’s check bounces, the landlord can charge a one-time fee of $25.
Tenants also have rights provided by the law if the landlord fails to uphold their responsibilities. West Virginia does not support tenants withholding rent in the case of landlord neglect. However, if the landlord fails to make a necessary repair, the tenant can give notice of at least 14 days and arrange for a repair, the cost of which they can deduct from their monthly rent payment.
Heating
One unique law to this state is that landlords are legally required to guarantee heat from October 1st through the last day of April. Tenants who do not receive heat during this time frame can take legal action against their landlord. This rule does not apply when the heating or hot water services are installed, controlled, and paid for exclusively by the tenant.
Evictions
Evictions are a legally complicated but necessary part of being a landlord. In each state, there are guidelines for what kinds of notices landlords must send depending on the circumstance and how long they must wait before filing for eviction.
West Virginia eviction laws dictate that when a tenant has unpaid rent due, the landlord can send a rent demand notice or notice to quit immediately. The landlord can file for eviction right away and does not have to allow the tenant an opportunity to pay their rent.
The same applies for lease violations in West Virginia. If the tenant breaks a term of their lease or damages the property, the landlord can immediately initiate the eviction process after sending a notice for lease violation.
Security Deposits
In any state, the best way to handle security deposits is to keep them separate from your personal finances and assume that they will be fully returned to your tenant upon the termination of their lease. Never assume that you can take from a security deposit before conducting a thorough move-out inspection.
West Virginia landlord tenant laws allow landlords to withhold funds from a tenant’s security deposit for damages beyond normal wear and tear, unpaid rent or utilities, or any other costs resulting from lease violations. However, if landlords do deduct funds from the deposit, they must deliver an itemized list to the tenant detailing each deduction and what it was for. This list and the remainder of the security deposit must be returned within 30 days after the lease ends.
There is no limit on how much landlords can require for security deposits, and landlords are not legally obligated to pay interest on them. They also are not required to keep them in a separate bank account.
Protected Classes
Federal law prohibits landlords from discriminating against tenants based on race, color, religion, gender, national origin, familial status, and disability. West Virginia also prohibits discrimination in housing against ancestry and specify that “familial status” includes people who have custody of minors, people who are in the process of gaining custody of minors, or pregnancy.
Conclusion
When investing in rental properties, it’s crucial that you understand which state laws dictate your responsibilities and expectations as a landlord. Your tenants deserve fair treatment, so when writing your West Virginia lease agreement, be sure to reference state law frequently or consult with an attorney.
