1. Lead-Based Paint Disclosure
If this property was built before 1978, the following applies:
- Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
- Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
- The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."
For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.
2. Security Deposit
Deposit Limits
West Virginia law does not impose a statutory cap on the amount a landlord may collect as a security deposit. The deposit amount will be specified in your lease agreement.
Permitted Uses
Your security deposit may be used for: unpaid rent; damages to the premises beyond normal wear and tear caused by the tenant, authorized occupants, or guests; and other charges as provided in the rental agreement.
Return of Deposit
Pursuant to WV Code §37-6A-1, within 60 days after the termination of the tenancy and delivery of possession, Month2Month will return the security deposit or provide a written itemized list of deductions. If deductions are made, Month2Month will provide a written list specifying each item and the amount deducted.
Disputes
If you dispute any deduction, you may seek resolution through West Virginia Magistrate Court. If a court finds that Month2Month wrongfully withheld your security deposit, you may be entitled to the return of the deposit plus damages as provided by law.
3. Owner and Property Manager Information
West Virginia law requires the landlord to disclose to the tenant the name and address of the person authorized to manage the premises and the owner of the premises or a person authorized to act on behalf of the owner for the purpose of service of process and receiving notices and demands.
Your lease agreement contains the specific owner information, property manager contact information, emergency maintenance contact, and the person authorized to receive service of process for your property. Month2Month serves as the property manager for all properties in our portfolio.
General Contact: [email protected]
4. Smoke Detectors
All Month2Month rental properties are equipped with operable smoke detectors installed in compliance with West Virginia law and the State Fire Code. Smoke detectors are installed in each sleeping room, outside each sleeping area, and on every level of the dwelling.
Tenant Responsibilities
- Do not disable, disconnect, cover, or tamper with any smoke detector. This is a violation of West Virginia law.
- Test all devices monthly by pressing the test button.
- Report immediately if any device is chirping, not functioning, or missing.
- Do not remove batteries.
Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy. The tenant is responsible for maintaining the devices by keeping batteries replaced and notifying the landlord of any malfunctions.
5. Mold Disclosure
Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. While West Virginia does not have a specific mold disclosure statute, landlords have a general duty to maintain rental properties in a habitable condition free from health hazards.
Month2Month is not aware of any mold in the rental property that poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.
Tenant Responsibilities to Prevent Mold
- Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
- Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
- Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
- Clean regularly: Regular cleaning prevents mold from establishing itself.
- Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.
6. Bed Bug Disclosure
While West Virginia does not have a specific bed bug disclosure statute, landlords have a general duty to provide premises in a habitable and safe condition.
Identification
Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.
Signs of Infestation
Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.
Prevention
- Inspect your mattress, box spring, and bed frame regularly.
- When traveling, inspect hotel rooms and luggage before returning home.
- Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
- Reduce clutter to eliminate hiding places.
Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately and professional treatment will be arranged.
7. Domestic Violence Protections
Protective Orders
Pursuant to WV Code §48-27-403, a court may grant a protective order that grants the victim exclusive possession of the shared residence. A landlord may not evict a tenant solely because the tenant has obtained a domestic violence protective order or has been a victim of domestic violence.
Right to Request Lock Changes
A tenant who is a victim of domestic violence and has obtained a protective order may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks promptly upon receiving a written request accompanied by a copy of the protective order.
Resources
- West Virginia Domestic Violence Hotline: 1-800-352-6513
- National Domestic Violence Hotline: 1-800-799-7233
- National Sexual Assault Hotline: 1-800-656-4673
- West Virginia Legal Aid: www.lawv.net
8. Furnished Property Disclosure
All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.
Your Responsibilities
- Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
- Use all items for their intended purpose only.
- Do not remove any furnished items from the property.
- Report any damage to furnished items within 48 hours of discovery.
- Do not repair or replace items yourself without prior written approval.
Damage vs. Normal Wear and Tear
| Normal Wear and Tear (Not Chargeable) | Damage (Chargeable to Tenant) |
|---|---|
| Minor scuffs on furniture | Broken furniture legs, arms, or frames |
| Slight fading of upholstery | Stains, tears, or burns on upholstery |
| Minor mattress indentation from normal use | Mattress stains, tears, or structural damage |
| Light scratches on hard floors | Deep gouges, water damage, or burns on flooring |
| Normal appliance wear (cosmetic marks) | Appliance malfunction due to misuse or neglect |
| Gradual thinning of towels and linens | Bleach stains, tears, or missing linens |
| Normal dulling of kitchen knives | Missing, broken, or chipped dishes/cookware |
| Loose doorknobs from use | Holes in walls, broken blinds, damaged doors |
Replacement Responsibility
- Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
- Missing items: Tenant is responsible for full replacement cost.
- Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
- Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.
Cleaning Standards
The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.
Inventory
A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.
9. Tenant Rights and Responsibilities
Your Rights
- Habitable Housing: Your rental unit must meet basic health and safety standards, including weatherproofing, plumbing, heating, electricity, and compliance with applicable building and housing codes. (WV Code §37-6-30)
- Privacy: Your landlord must give reasonable notice before entering your unit (except in emergencies) and may only enter at reasonable times for reasonable purposes.
- Return of Security Deposit: Your deposit must be returned within 60 days after move-out, with an itemized statement of any deductions. (WV Code §37-6A-1)
- Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, national origin, sex, familial status, disability, or ancestry. (WV Human Rights Act, WV Code §5-11-1 et seq.)
- Repairs and Maintenance: You have the right to request repairs for health and safety issues, and your landlord must respond within a reasonable time.
- Protection from Unlawful Eviction: Your landlord must follow proper legal procedures and cannot use "self-help" eviction methods such as changing locks, shutting off utilities, or removing doors or windows.
- Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights or filing a complaint with a government agency.
Your Responsibilities
- Pay rent in full and on time.
- Keep the unit clean and sanitary.
- Avoid damaging the property beyond normal wear and tear.
- Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
- Allow reasonable access for repairs and inspections with proper notice.
- Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
- Avoid creating nuisances or disturbing other residents.
- Properly dispose of garbage and waste.
- Provide proper notice before moving out and return the property in clean condition.
Resources
- West Virginia Attorney General — Consumer Protection Division: 1-800-368-8808
- Legal Aid of West Virginia: www.lawv.net or 1-866-255-4370
- West Virginia Human Rights Commission: 1-888-676-5546
- Domestic Violence Hotline: 1-800-799-7233