West Virginia Late fees
Can a landlord charge a late fee in West Virginia, and how much?
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
How this works in West Virginia
West Virginia lets you charge reasonable late fees that are set out in the rental agreement, and at move-out you can take them from the security deposit. W. Va. Code ch. 37, arts. 6 and 6A set no dollar or percentage cap.
Worked example for West Virginia
Say the lease sets a late fee and the tenant leaves owing two of them. At move-out, § 37-6A-2(b)(1) lets you apply the deposit to rent due, including the reasonable charges for late payment specified in the rental agreement. A fee not in the agreement isn't covered.
West Virginia timelines and limits
| Cap | No dollar or percentage cap in ch. 37, arts. 6 and 6A |
|---|---|
| Standard | Reasonable and specified in the rental agreement |
| Deposit | May be applied to rent due, including those late charges |
West Virginia FAQ
Does West Virginia cap late fees?
No dollar or percentage cap. Fees must be reasonable and in the rental agreement.
Can I take late fees out of the deposit?
Yes, under W. Va. Code § 37-6A-2(b)(1).
Which West Virginia laws set no cap?
W. Va. Code ch. 37, arts. 6 and 6A.
Sources for this section: W. Va. Code § 37-6A-2(b)(1) (checked 2026-10-23)
Same topic in neighboring states
All West Virginia landlord-tenant law · West Virginia landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)
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