RESIDENTIAL LEASE AGREEMENT

(State of West Virginia)

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TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Premises, Term, and Possession
4. Rent; Additional Charges
5. Security Deposit
6. Use; Occupancy; Habitability
7. Utilities and Services
8. Maintenance, Repairs, and Alterations
9. Insurance
10. Rules and Regulations
11. Representations and Warranties
12. Covenants
13. Default and Remedies
14. Risk Allocation
15. Dispute Resolution
16. General Provisions
17. Execution Block

1. DOCUMENT HEADER

Residential Lease Agreement (“Agreement”) made and entered into on [EFFECTIVE DATE] (“Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE] [ENTITY TYPE], with a mailing address of [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT LEGAL NAME], [individual(s) / entity], with a mailing address of [TENANT ADDRESS] (“Tenant”).

Recitals
A. Landlord is the fee simple owner of certain residential real property commonly known as [PREMISES ADDRESS] and legally described in Exhibit A (the “Premises”).
B. Tenant desires to lease the Premises from Landlord, and Landlord is willing to lease the Premises to Tenant, all on the terms and conditions set forth herein and for good and valuable consideration, the receipt and sufficiency of which are acknowledged.

2. DEFINITIONS

The following capitalized terms shall have the meanings set forth below. Terms defined herein include the plural and singular and shall apply throughout this Agreement unless the context clearly requires otherwise.

“Additional Rent” – Any monetary obligation other than Base Rent payable by Tenant under this Agreement.

“Applicable Law” – All present and future federal, state, and local statutes, regulations, ordinances, and judicial decisions applicable to the Premises or the parties, including but not limited to W. Va. Code § 37-6 et seq., § 37-6A-1 et seq., and any successor laws (“West Virginia Landlord–Tenant Law”).

“Base Rent” – The monthly rental amount set forth in Section 4.1.

“Business Day” – Any day other than Saturday, Sunday, or a state or federal holiday in West Virginia.

“Event of Default” – Any event described in Section 13.1.

“Lease Term” – The period commencing on the Commencement Date and ending on the Expiration Date, as more fully described in Section 3.

“Permitted Occupants” – The persons listed in Section 6.2.

“Security Deposit” – The funds described in Section 5, held pursuant to W. Va. Code § 37-6A-1 et seq.

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3. PREMISES, TERM, AND POSSESSION

3.1 Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, the Premises together with the appurtenant rights described in Exhibit A, subject to the terms of this Agreement.

3.2 Lease Term.
(a) Commencement Date: [LEASE TERM START DATE]
(b) Expiration Date: [LEASE TERM END DATE]
(c) Month-to-Month Holdover. If Tenant lawfully remains in possession after the Expiration Date without a written renewal, the tenancy shall convert to a month-to-month lease on the same terms except that Base Rent shall increase to [HOLDOVER RENT % OR AMOUNT], subject to Applicable Law.

3.3 Possession; Condition Report. Tenant shall be entitled to possession at 12:00 p.m. on the Commencement Date provided that the Security Deposit and first month’s Base Rent have been paid. Within five (5) Business Days after taking possession, Tenant shall deliver to Landlord a signed move-in condition report (“Condition Report”). Failure to timely deliver the Condition Report constitutes acknowledgment that the Premises are in good order and repair, ordinary wear and tear excepted.

4. RENT; ADDITIONAL CHARGES

4.1 Base Rent. Tenant shall pay to Landlord Base Rent of $[MONTHLY RENT AMOUNT] per month, in advance, on or before the first (1st) calendar day of each month.

4.2 Payment Method. Payments shall be made by [acceptable methods] to [PAYEE/ADDRESS/ACCOUNT], or as otherwise directed in writing by Landlord.

4.3 Late Charge; Returned Check Fee. If full payment of Base Rent is not received by 5:00 p.m. on the fifth (5th) calendar day of the month, Tenant shall pay a late charge of $[LATE FEE] plus interest at [INTEREST RATE %] per annum on the delinquent amount until paid. Returned checks shall be subject to a $[NSF FEE] fee.

4.4 Additional Rent. All charges other than Base Rent, including but not limited to utilities (Section 7), maintenance reimbursements (Section 8.2), and indemnification obligations (Section 14), shall constitute Additional Rent and are due within ten (10) days after Landlord’s invoice.

4.5 Application of Payments. Payments shall be applied first to outstanding fees, then to accrued interest, then to the earliest unapplied Base Rent.

5. SECURITY DEPOSIT

5.1 Deposit Amount. On execution of this Agreement, Tenant shall deposit with Landlord the sum of $[SECURITY DEPOSIT AMOUNT] (not exceeding one month’s rent unless otherwise permitted by W. Va. Code § 37-6A-2) as the Security Deposit.

5.2 Permitted Uses. Landlord may apply the Security Deposit to (i) unpaid rent; (ii) damages beyond ordinary wear and tear; (iii) unpaid utilities; and (iv) other lawful charges.

5.3 Return of Deposit. Within the time period required by W. Va. Code § 37-6A-1 et seq. (currently, no later than sixty (60) days following termination of the tenancy, subject to statutory extensions), Landlord shall return the unused portion of the Security Deposit together with an itemized statement of any deductions.

5.4 Transfer. Upon lawful transfer of the Premises, Landlord shall transfer the Security Deposit to the transferee and provide written notice to Tenant; thereafter Landlord shall be released from liability as provided in W. Va. Code § 37-6A-4.

5.5 Liability Cap. Except for Tenant’s gross negligence or willful misconduct, Tenant’s aggregate liability for physical damage to the Premises shall not exceed the Security Deposit, provided that this cap (i) does not apply to holdover rent, unpaid utilities, or indemnification obligations, and (ii) shall not limit Landlord’s right to equitable relief.

6. USE; OCCUPANCY; HABITABILITY

6.1 Residential Use Only. Tenant shall use the Premises solely as a private residence and for no other purpose without Landlord’s prior written consent.

6.2 Permitted Occupants. The Premises may be occupied only by the following individuals: [MAXIMUM OCCUPANTS/NAME LIST]. Any change requires Landlord’s prior written consent.

6.3 Compliance with Law; Habitability. Landlord shall deliver and maintain the Premises in a fit and habitable condition consistent with W. Va. Code § 37-6-30 and applicable building, housing, and health codes. Tenant shall promptly provide written notice of any condition materially affecting habitability. Landlord shall have a reasonable period after notice to cure non-habitability, subject to law.

6.4 Smoking / Pets. [Include smoking and pet policy.]

6.5 Illegal Activity. Tenant shall not engage in or permit any illegal or nuisance activity on or about the Premises.

7. UTILITIES AND SERVICES

7.1 Tenant Responsibility. Tenant shall timely pay for all utilities separately metered or sub-metered to the Premises, including [list utilities]. Failure to do so is a material breach.

7.2 Landlord Responsibility. Landlord shall provide [e.g., trash removal, water/sewer if not separately metered, common-area lighting].

8. MAINTENANCE, REPAIRS, AND ALTERATIONS

8.1 Landlord Obligations. Landlord shall (i) keep plumbing, HVAC, and structural components in good repair; (ii) comply with Applicable Law; and (iii) perform all repairs necessary to maintain habitability.

8.2 Tenant Obligations. Tenant, at Tenant’s sole cost, shall (a) keep the Premises clean; (b) promptly repair damage caused by Tenant or Permitted Occupants; and (c) maintain smoke detectors and replace HVAC filters. If Tenant fails to perform, Landlord may do so and charge Tenant as Additional Rent.

8.3 Alterations. Tenant shall not paint, remodel, or alter the Premises without Landlord’s prior written consent. Approved alterations become Landlord’s property unless otherwise agreed in writing.

9. INSURANCE

9.1 Landlord’s Insurance. Landlord shall maintain property insurance on the Premises.

9.2 Tenant’s Insurance. Tenant shall obtain and maintain, at its own expense, renter’s insurance with minimum personal liability coverage of $[AMOUNT]. Proof of insurance shall be provided upon Landlord’s request.

10. RULES AND REGULATIONS

Tenant shall comply with the rules and regulations attached as Exhibit B, and any reasonable modifications thereto upon thirty (30) days’ written notice.

11. REPRESENTATIONS AND WARRANTIES

11.1 Mutual Representations. Each party represents that (i) it has full authority to enter into and perform this Agreement; and (ii) execution and performance will not violate any agreement to which it is a party.

11.2 Landlord Representations. Landlord represents that it is the lawful owner of the Premises and has not received written notice of violations that would materially interfere with Tenant’s use.

11.3 Tenant Representations. Tenant represents that all information provided in Tenant’s rental application is true, complete, and accurate in all material respects.

11.4 Survival. The representations and warranties in this Section shall survive termination of this Agreement for one (1) year.

12. COVENANTS

12.1 Quiet Enjoyment. So long as Tenant is not in default, Tenant shall peacefully and quietly hold and enjoy the Premises, subject to the terms of this Agreement and Applicable Law.

12.2 Access. Landlord may enter the Premises upon reasonable advance notice (twenty-four (24) hours is presumed reasonable) to inspect, make necessary repairs, show to prospective purchasers or tenants, or as otherwise permitted by law. In emergencies, no prior notice is required.

12.3 Notice of Injury or Damage. Tenant shall promptly notify Landlord of any injury, defect, or condition that could reasonably result in damage, loss, or liability.

12.4 Compliance with HOA / Condominium Rules. [If applicable.]

13. DEFAULT AND REMEDIES

13.1 Events of Default. The following constitute an Event of Default:
(a) Failure to pay any Base Rent or Additional Rent within five (5) days after written notice of non-payment;
(b) Breach of any material covenant not cured within ten (10) days after notice (or such shorter cure period as required by Applicable Law for health/safety violations);
(c) Abandonment of the Premises; or
(d) Insolvency or unlawful transfer of Tenant’s interest.

13.2 Notices to Quit; Eviction. Landlord shall serve any notice to quit or to terminate tenancy in the manner and with the notice period required by West Virginia law (e.g., five (5) days for non-payment of rent under W. Va. Code § 55-3A-1). If Tenant fails to cure within the statutory period, Landlord may file an action for possession in the appropriate magistrate or circuit court. Self-help eviction is prohibited.

13.3 Remedies. Upon an Event of Default, Landlord may exercise one or more of the following cumulative remedies:
(i) Accelerate all rent due for the balance of the Lease Term;
(ii) Terminate this Agreement and recover possession;
(iii) Recover damages as allowed by law;
(iv) Apply the Security Deposit; and
(v) Seek injunctive relief, including eviction orders.

13.4 Mitigation. Landlord shall use commercially reasonable efforts to re-let the Premises following Tenant’s abandonment or eviction, as required by law.

13.5 Attorney Fees. In any action arising from this Agreement, the prevailing party is entitled to reasonable attorney fees and costs.

14. RISK ALLOCATION

14.1 Indemnification by Tenant. Except to the extent caused by Landlord’s gross negligence or willful misconduct, Tenant shall indemnify, defend, and hold harmless Landlord and its agents from any loss, claim, or liability arising out of (i) Tenant’s use or occupancy of the Premises, or (ii) breach of this Agreement (the “Tenant Indemnity”). The Tenant Indemnity survives termination.

14.2 Limitation of Landlord Liability. Landlord’s aggregate liability for monetary damages arising out of ordinary negligence shall not exceed the Security Deposit. This limitation does not apply to personal injury caused by Landlord’s gross negligence or willful misconduct, or to statutory penalties under Applicable Law.

14.3 Force Majeure. Neither party shall be liable for failure to perform caused by events beyond its reasonable control (e.g., natural disasters, war, pandemics, governmental orders), provided that the affected party gives prompt notice and resumes performance as soon as practicable. Rent shall not be abated unless the Premises are rendered uninhabitable and Landlord is unable to provide substitute housing within a reasonable time.

15. DISPUTE RESOLUTION

15.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict-of-laws rules.

15.2 Forum Selection. Any lawsuit arising out of or relating to this Agreement shall be filed exclusively in the [COUNTY] Magistrate Court Housing Division or other court of competent jurisdiction within the State of West Virginia (the “Housing Court”).

15.3 Arbitration Excluded. The parties expressly agree that disputes shall not be submitted to arbitration.

15.4 Jury Trial. Each party acknowledges its constitutional right to a trial by jury and does not, by this Agreement, waive that right. Any waiver must be in a separate written instrument executed after the dispute arises.

15.5 Injunctive Relief. Nothing herein limits Landlord’s statutory right to obtain immediate injunctive or equitable relief, including but not limited to orders of eviction or ejectment.

16. GENERAL PROVISIONS

16.1 Amendments; Waivers. No amendment or waiver is effective unless in writing and signed by both parties. A waiver on one occasion is not a waiver on any future occasion.

16.2 Assignment and Subletting. Tenant shall not assign, transfer, or sublet any interest in the Premises without Landlord’s prior written consent, which Landlord may withhold in its reasonable discretion.

16.3 Successors and Assigns. Subject to the restriction on assignment, this Agreement binds and inures to the benefit of the parties and their respective heirs, legal representatives, successors, and assigns.

16.4 Severability. If any provision is held unenforceable, the remainder shall continue in full force, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.

16.5 Integration. This Agreement (including exhibits) constitutes the entire agreement between the parties and supersedes all prior or contemporaneous oral or written agreements.

16.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures transmitted by electronic means (e.g., PDF, DocuSign) are binding for all purposes.

16.7 Notices. All notices must be in writing and delivered (i) by hand, (ii) by certified mail, return receipt requested, (iii) by nationally-recognized overnight courier, or (iv) by email with confirmation of receipt, to the addresses set forth in the Document Header (or such other address as either party may designate in accordance with this Section). Notices are effective on receipt or refusal.

17. EXECUTION BLOCK

IN WITNESS WHEREOF, the parties have executed this Residential Lease Agreement as of the Effective Date.

[Notary acknowledgment if required]
[Witness signature lines if desired under local practice]

Exhibit A – Legal Description of Premises

[Insert complete legal description and/or tax parcel number]

Exhibit B – Rules and Regulations

1. Quiet hours from 10:00 p.m. to 7:00 a.m.
2. Trash disposal procedures.
3. Parking assignments and towing policy.
4. Pet guidelines (if applicable).
5. [Add additional house rules.]

[// GUIDANCE: Attach any required lead-based paint disclosure, methamphetamine contamination notice, or other federally or state-mandated disclosures before execution.]

© [YEAR] [LAW FIRM / PREPARER NAME]. All rights reserved.