Rental Application and Tenant-Screening Fee Requirements in West Virginia

Short answer West Virginia law expressly defines an application fee and allows it to be excluded from the security-deposit definition as nonrefundable only when the parties expressly agree in writing that it is nonrefundable. The current statutes set no numeric or cost-based ceiling and create no applicant-stage rules for charge timing, screening disclosures, receipts, report copies, reusable reports, application order, or denial notices. The security-deposit article has general waiver and bad-faith noncompliance remedies, but no application-fee-specific refund deadline or damages formula.
State
West Virginia
Statute checked
July 21, 2026
Sources
7 statutes

At a glance

Governing law and coverageW. Va. Code § 37-6A-1(2), (14) defines an application fee and its relationship to a security deposit; Article 6A applies to all residential rental premises or dwelling units (§ 37-6A-6(a))
Fees allowed or prohibitedApplication fee expressly recognized; exclusion from the security-deposit definition as nonrefundable requires the parties' express written agreement (§ 37-6A-1(14))
Maximum charge and adjustmentNo numeric, actual-cost, reasonable-cost, customary-cost, per-applicant, per-household, or indexed ceiling in the audited statutes
Permitted costs and charge timingNo fee-component, vacancy, charge-when-considered, multiple-concurrent-application, or repeat-charge restriction
Before-screening disclosuresExpress written agreement required for nonrefundable status; no special unit-availability, fee-basis, screening-criteria, report-source, dispute-right, or application-order disclosure
Receipt, report copy, and refundNo application-fee-specific receipt, landlord-obtained-report-copy, unused-fee refund, or return deadline; Article 6A's security-deposit return rule is not expressly written as an application-fee refund clock
Applicant-supplied or reusable reportsNo statewide applicant-supplied or reusable screening-report acceptance or no-fee procedure
Application order and adverse actionNo statewide first-in-order, first-qualified, single-application, or state denial-reason notice process for rental applications
Remedies and stronger local rulesArticle-wide waiver and willful-or-bad-faith noncompliance remedies exist (§§ 37-6A-4 to -5), but no application-fee-specific damages formula; no application-fee local-preemption or stronger-local-law clause

West Virginia's written nonrefundable-fee rule

West Virginia Code § 37-6A-1(2) defines an “application fee” as money paid to a landlord, lessor, or landlord's agent for the purpose of being considered as a tenant for a dwelling unit. Section 37-6A-1(14) then separates an application fee from a security deposit only when “the parties expressly agree, in writing,” that the application fee is nonrefundable.

That is the state's specific application-fee rule. The current statute does not set a maximum amount, tie the charge to screening costs, limit when it may be collected, or require a receipt or screening-report copy. It also creates no reusable-report, application-order, or state adverse-action-notice procedure.

Coverage and remedies

West Virginia Code § 37-6A-6(a) applies Article 6A to all residential rental premises or units used for dwelling purposes. The same article bars a rental agreement from waiving its rights or remedies. Under § 37-6A-4, an attempted waiver is unenforceable, and a tenant may recover actual damages and reasonable attorney fees if the landlord brings an action to enforce it.

Section 37-6A-5 separately addresses willful or bad-faith noncompliance with the article. Its judgment language is framed around an unreturned security deposit and an amount wrongfully withheld. The text does not provide a separate application-fee refund deadline or an application-fee-specific damages formula.

What trips people up

A defined application fee is not the same as a comprehensive screening-fee statute. Section 37-6A-1 recognizes the fee and states what writing is needed for nonrefundable treatment, but it does not regulate the amount or the screening process.

Do not automatically import the security-deposit return clock. Section 37-6A-2 requires return and itemization of a security deposit after a tenancy ends. It does not expressly state an applicant-stage deadline for returning an application fee. The consequences of omitting the express written nonrefundable agreement are therefore not fully spelled out as a separate application-fee procedure.

Real-estate-license application charges are unrelated. Application, background-check, fee, and refund provisions in West Virginia Code chapter 30, article 40 concern professional licensure and broker administration, not money charged to a prospective residential tenant.

Common questions

Is there a statewide dollar cap? No numeric, cost-based, or indexed maximum appears in the current audited statutes.

Must nonrefundable status be in writing? Yes. Section 37-6A-1(14) requires the parties to expressly agree in writing that the application fee is nonrefundable for it to be excluded from the security-deposit definition on that basis.

Must the landlord provide a credit or background report? The audited state statutes create no application-fee-specific report-copy duty.

Does West Virginia require reusable screening reports? No statewide applicant-supplied or reusable-report procedure appears in the audited statutes.

Statutes and sources

  • West Virginia Code § 37-6A-1(2), (14) — application-fee definition and express written agreement for nonrefundable status.

    “Application fee” means any deposit of money, however denominated, which is paid by a tenant to a landlord, lessor or agent of a landlord for the purpose of being considered as a tenant for a dwelling unit. ... Security deposit does not include ... application fee: Provided, That the parties expressly agree, in writing, that a ... application fee is nonrefundable.

Official source: https://code.wvlegislature.gov/37-6A-1/ (accessed 2026-07-21) - West Virginia Code § 37-6A-4 — prohibited waiver.

A rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under this article.

Official source: https://code.wvlegislature.gov/37-6A-4/ (accessed 2026-07-21) - West Virginia Code § 37-6A-5 — article-wide willful-or-bad-faith noncompliance remedy.

If a landlord fails to comply with any of the provisions of this article, and such noncompliance is willful or not in good faith, the tenant is entitled to a judgment for ... The amount of any unreturned security deposit; and ... one and a half times the amount wrongfully withheld.

Official source: https://code.wvlegislature.gov/37-6A-5/ (accessed 2026-07-21) - West Virginia Code § 37-6A-6 — residential scope.

The provisions of this article shall apply to all residential rental premises or units used for dwelling purposes.

Official source: https://code.wvlegislature.gov/37-6A-6/ (accessed 2026-07-21) - West Virginia Code chapter 37, article 6A — complete current article audited for application-fee rules.

§37-6A-1. Definitions. ... §37-6A-6. Application and effective date of this article.

Official source: https://code.wvlegislature.gov/pdf/37-6A/ (accessed 2026-07-21) - West Virginia Code chapter 37, article 6 — complete current landlord-and- tenant article audited for a separate applicant-screening process.

WEST VIRGINIA CODE CHAPTER 37 ARTICLE 6

Official source: https://code.wvlegislature.gov/pdf/37-6/ (accessed 2026-07-21) - West Virginia Code chapter 30, article 40 — complete current Real Estate License Act audited for tenant-facing application and screening rules.

WEST VIRGINIA CODE CHAPTER 30 ARTICLE 40

Official source: https://code.wvlegislature.gov/pdf/30-40/ (accessed 2026-07-21)

Source links

Every statute quoted above, linked, with the date we checked it.

W. Va. Code § 37-6A-1(2), (14) · accessed 2026-07-21
W. Va. Code § 37-6A-4 · accessed 2026-07-21
W. Va. Code § 37-6A-5 · accessed 2026-07-21
W. Va. Code § 37-6A-6 · accessed 2026-07-21
This page is general legal information about West Virginia residential rental-application and tenant-screening charges, not legal advice about a particular application, report, denial, or property. West Virginia defines an application fee and conditions its treatment as nonrefundable outside the security-deposit definition on an express written agreement, but the statute does not supply a complete applicant-screening process or expressly resolve every consequence when that writing is absent. The result can depend on the agreement, the fee's actual purpose, the housing category or program, generally applicable law, and city or county law. It does not cover security or holding deposits, broker commissions, recurring tenancy fees, or whether a landlord's substantive credit, criminal-record, eviction-record, income, or other screening criterion is lawful. Federal consumer-reporting and fair-housing duties may apply in addition to West Virginia law. Verified against the official current statute text on the date shown; confirm current state, program, and local rules or consult a licensed West Virginia attorney before collecting, paying, or disputing a charge.

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