How to become a landlord in West Virginia

Neither article requires a disclosure form at signing. The deposit article requires writing at three points: the itemization that goes with the returned deposit, the notice that the damage needs a third-party contractor, and the agreement that a pet fee or application fee is nonrefundable (W. Va. Code 37-6A-2(a), (c); W. Va. Code 37-6A-1(14)).

• Federal law on lead-based paint in homes built before 1978 was not read for this page (W. Va. Code chapter 37, article 6; W. Va. Code chapter 37, article 6A).

Neither article requires you to give the tenant your name or address. Under the deposit article, a managing agent who does not disclose the owner's name counts as the landlord, and whoever holds the landlord's interest when the tenancy ends must return any deposit owed (W. Va. Code chapter 37, article 6; W. Va. Code 37-6A-1(5); W. Va. Code 37-6A-2(e)).

• A tenant's notice to end a periodic tenancy may be served on anyone who owns the home in whole or in part, or the owner's agent (W. Va. Code 37-6-5).See Ending a month-to-month tenancy on the West Virginia page

Neither article requires a flood disclosure. No other West Virginia law on flood disclosure was read for this page (W. Va. Code chapter 37, article 6; W. Va. Code chapter 37, article 6A).

In a one- or two-family dwelling, including a manufactured home, the owner must provide, install and replace an operational smoke detector near each sleeping area. In a home the owner does not live in, the tenant does routine maintenance on the detectors (W. Va. Code 15A-10-12(a), (b)).

• If a deaf or hard of hearing person lives in a home the owner does not occupy, the owner must provide a smoke detector with a light signal on written request (W. Va. Code 15A-10-12(c)).
• An AC-powered carbon monoxide detector with battery backup is required in newly built residential units with a fuel-burning heating or cooking source, and, in apartment buildings and one- and two-family homes meant for rent, in sleeping rooms next to, above or below rooms with permanently installed fuel-burning appliances (W. Va. Code 15A-10-12(f), (g)).
• A violation is a misdemeanor with a $250 fine for a first offense, $750 for a second and $2,000 for later offenses (W. Va. Code 15A-10-12(l)).
• Smoke detector rules for apartment buildings come from the State Fire Code, which was not read for this page (W. Va. Code 15A-10-12(a)).

Neither article has a rule on locks, rekeying or security devices. Building, fire and housing codes, which you must meet under the habitability section, were not read for this page (W. Va. Code chapter 37, article 6; W. Va. Code 37-6-30(a)(2)).

No 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).

• 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

Neither the security deposit article nor the landlord and tenant article requires you to keep a deposit in a separate account or to pay interest on it (W. Va. Code chapter 37, article 6; W. Va. Code chapter 37, article 6A).

Neither article requires a move-in inspection or condition checklist. Deductions cannot cover reasonable wear and tear, so a dated record of the home's condition at move-in helps you support a deduction (W. Va. Code chapter 37, article 6A; W. Va. Code 37-6A-2(b)(2)).

Neither article caps an application fee. The deposit article defines an application fee as money a person pays to be considered as a tenant, and the fee falls outside its security deposit definition only if you and the applicant expressly agree in writing that it is nonrefundable (W. Va. Code 37-6A-1(2); W. Va. Code 37-6A-1(14)).