West Virginia Late fee grace period

Related West Virginia rules

Late fees

Landlords may charge reasonable late fees set out in the rental agreement and take them from the security deposit at move-out. W. Va. Code ch. 37, arts. 6 and 6A set no dollar or percentage cap. Statute text: "(b) Upon termination of the tenancy, any security deposit held by the landlord may be applied by the landlord only to: (1) The payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement; (2) The payment of the amount of damages which the landlord has suffered by reason of the tenant's noncompliance with the rental agreement, less reasonable wear and tear; (3) The payment of unpaid utilities that were billed to and paid by the landlord, are the obligation of the tenant under the rental agreement and unpaid by the tenant; (4) The payment of reasonable costs for the removal and storage of the tenant's personal property." (W. Va. Code § 37-6A-2(b)(1)).

Verified Source: W. Va. Code § 37-6A-2(b)(1) · last checked 2026-10-23 · Full West Virginia late fees page

Eviction notice (nonpayment)

The statute sets no pre-filing notice period: a landlord may petition the magistrate or circuit court when the tenant is in arrears, and the hearing is set 5–10 judicial days after filing.

Verified Source: W. Va. Code § 55-3A-1 · last checked 2026-10-23 · Full West Virginia eviction notice (nonpayment) page