What A Lease Cannot Say
W. Va. Code § 37-6A-4 — no giving up the deposit article's rights, and fees if a landlord tries to enforce it
No waiver. A rental agreement may not contain a provision that the tenant waives or gives up rights or remedies under the article on deposits and records, and such a provision is unenforceable.
If a landlord sues to enforce one, the tenant may recover actual damages and reasonable attorney's fees.
A rental agreement includes every agreement about using the unit, written, electronic or oral, express or implied.
Whether another clause can be enforced is a question for a licensed West Virginia attorney.
Sources for this section (2)
- W. Va. Code § 37-6A-4 — Prohibited provision in rental agreements
- W. Va. Code § 37-6A-1 — Landlord and tenant: definitions
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.