West Virginia Late Fee Laws: No Cap, Only a Reasonableness Test

By Steve Levine · Updated November 3, 2026

Short answer: West Virginia late fee laws set no cap and no grace period. The only statutory reference we found is in the security deposit statute, W. Va. Code § 37-6A-2(b)(1), which lets a landlord apply a deposit to “the reasonable charges for late payment of rent specified in the rental agreement.” So in West Virginia, a late fee generally has to be written into your lease, and the one statutory test is whether it is reasonable.

That leaves the lease doing most of the work, which makes it worth reading closely before you sign. It also means the speed of West Virginia’s eviction process matters more than any fee rule: a landlord can file without a pre-filing notice, and the hearing comes within days. For a comparison with states that do cap fees, see our late fee laws by state hub.

West Virginia Late Fee Laws: What the Code Says and Doesn’t

Rule	West Virginia	Statute
Cap on late fees	None in the landlord-tenant articles	W. Va. Code ch. 37, art. 6; art. 6A
Grace period	None in the statute	W. Va. Code ch. 37, art. 6
Fee in the lease	Deposit may cover only “reasonable” late charges “specified in the rental agreement”	§ 37-6A-2(b)(1)
Lease waivers of deposit rights	Unenforceable; tenant may recover damages and attorney’s fees if enforced	§ 37-6A-4
Pre-filing nonpayment notice	None required by the summary eviction statute	§ 55-3A-1
Hearing timing	5 to 10 judicial days after the petition is filed	§ 55-3A-1(b)
Factory-built home sites	No fee that is not listed in the rental agreement	§ 37-15-5(a)(1)

“Reasonable” and “Specified”: The Two Words That Matter

Article 6 of Chapter 37, the older landlord-tenant article, deals with rent recovery, distress, reentry and termination notices. None of its sections addresses late fees. Article 6A, on security deposits, has one sentence that does. Section 37-6A-2(b)(1) says that at the end of a tenancy, a landlord may apply the deposit to “the payment of rent due, including the reasonable charges for late payment of rent specified in the rental agreement.”

Two limits come out of that phrase. First, the charge has to be specified in the rental agreement, so a fee announced by text or notice board has no footing in it. Second, the charge has to be reasonable. The statute does not define reasonable, so a fee that is a large share of your rent is open to challenge as unreasonable, but no fixed percentage decides the question.

Waivers do not work

Under § 37-6A-4, a rental agreement may not make you waive your rights or remedies under Article 6A. A clause saying the landlord may keep your deposit for “any fees in its sole discretion” would run into that rule, and if a landlord sues to enforce a prohibited clause, you may recover actual damages and reasonable attorney’s fees.

Worked Example: A Charleston Lease

Dominic rents a Charleston apartment for $850 a month, due on the 1st. His lease charges a $50 late fee if rent is not received by the 5th, plus $10 for each later day. In October he pays on the 12th.

West Virginia has no statute limiting the timing or the amount, so the lease total is $50 plus seven days at $10, or $120, about 14% of his rent. Whether that is “reasonable” is the only statutory question, and it would come up most directly if the landlord tried to deduct it from his deposit at move-out under § 37-6A-2(b)(1). Dominic can ask the landlord in writing to explain what the daily charge covers and to waive the part he considers unreasonable.

If he moves out owing the $120, the landlord’s written itemization of deductions should show it as a late charge “specified in the rental agreement.” A deduction for a fee that does not appear in the lease is not one § 37-6A-2(b)(1) authorizes.

Late Fees and a West Virginia Eviction

West Virginia’s summary eviction process in Chapter 55, Article 3A, moves fast. Under § 55-3A-1, a landlord files a verified petition alleging, among other grounds, that the tenant “is in arrears in the payment of rent,” describing the arrearage. The court must set a hearing no less than five and no more than 10 judicial days after filing. The notice of hearing tells you that you may file a written defense within five days of receiving it. The statute itself requires no notice to pay before filing, though your lease may.

The statute’s wording is about rent. The ground is arrearage “in the payment of rent,” and under § 55-3A-3(e) the court may include relief “on the issue of arrearage in the payment of rent.” If a petition lists a single “arrearage” figure, ask the court to separate rent from late fees, because the statute does not name fees as a basis for possession.

If you ask for a continuance, § 55-3A-3(d) requires you to pay into court any periodic rent that comes due during the delay. Paying rent on time while you dispute a fee keeps the larger risk off the table.

Factory-Built Home Sites and Subsidized Housing

If you rent a lot for a manufactured or other factory-built home, Article 15 of Chapter 37 applies. Under § 37-15-5(a)(1), the landlord may not demand or collect any fee that is not listed in the rental agreement. That gives lot renters a clearer rule than apartment renters: an unlisted late fee is flatly barred. Our mobile home park rights guide covers other protections.

The Chapter 37 articles do not set a separate late-fee rule for subsidized housing. A public housing or voucher lease may set its own fee terms under federal program rules, so check the lease and any addendum.

Stacked Fees and Payment Order

No West Virginia statute addresses daily fees, fees charged on earlier fees, or the order in which a landlord applies your payments. All three are matters for your lease, judged by the general “reasonable” standard when the issue reaches a deposit deduction. If your landlord credits a payment to fees first and then says rent is still owing, ask for a written ledger before the dispute reaches magistrate court.

Frequently Asked Questions

How much can a West Virginia landlord charge for late rent?

No statute sets a percentage or dollar cap for residential leases. The deposit statute, § 37-6A-2(b)(1), refers only to “reasonable” late charges specified in the rental agreement.

Does West Virginia law give me a grace period?

Not by statute. Any grace period comes from your lease, so check the exact day your lease says a fee begins.

Can my landlord take late fees out of my security deposit?

Yes, but only reasonable late charges that are specified in your rental agreement, under § 37-6A-2(b)(1). An unlisted fee is not a permitted deduction.

Can a West Virginia landlord file for eviction without warning?

Section 55-3A-1 does not require a pre-filing notice for nonpayment. The hearing must be set 5 to 10 judicial days after filing, and you may file a written defense within five days of receiving the hearing notice.

Can a mobile home park add a late fee that isn’t in my agreement?

No. Section 37-15-5(a)(1) bars a landlord from demanding or collecting any fee not listed in the rental agreement for a factory-built home site.

Your next step: find the late-fee clause in your lease, write down exactly when it starts and how it adds up, and if it seems out of proportion, raise it with your landlord in writing while keeping your rent current. Legal Aid of West Virginia’s renters’ rights page and the Legal Services Corporation’s get legal help finder can point you to legal aid. This is general information, not legal advice. Our late fee checker and West Virginia security deposit law guide can help you prepare.

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