W. Va. Code §§ 37-6A-1 to 37-6A-6 § 37-6A-4
Prohibited provision in rental agreements.
Operative Text
A rental agreement may not contain a provision that the tenant agrees to waive or forego rights or remedies under this article. A provision prohibited by this section included in a rental agreement is unenforceable. If a landlord brings an action to enforce any of the prohibited provisions, the tenant may recover actual damages sustained by him or her and reasonable attorney's fees.
West Virginia Code § 37-6A-4 prohibits rental agreements from including any clause in which a tenant gives up the rights and remedies established by Article 6A, which governs residential security deposits. If such a clause is included anyway, it has no legal force and cannot be enforced. A tenant who is sued by a landlord attempting to enforce one of these void clauses may be entitled to recover actual damages and reasonable attorney's fees.
Plain English — not legal advice.
Under § 37-6A-4, compliant operators review their lease templates to ensure no clause asks tenants to waive or surrender any right granted by West Virginia's residential security deposit article. Because any such provision is automatically void, including one offers no practical benefit and exposes the landlord to liability for the tenant's actual damages and attorney's fees if enforcement is attempted. Property managers working with standard or third-party lease forms should verify those forms have been reviewed for compliance with Article 6A.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6A-4 means that even if your lease contains language purporting to strip away your security deposit rights under Article 6A, that language is unenforceable as a matter of West Virginia law. If a landlord takes legal action against you based on such a prohibited clause, the statute provides a path to recover actual damages you suffered as well as reasonable attorney's fees. Tenants who believe a landlord is attempting to enforce a waiver clause may consider consulting a tenant-rights organization or legal aid office familiar with West Virginia housing law for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.