West Virginia Code 37-6A-4 – Prohibited provision in rental agreements
Current as of: 2023 | Check for updates
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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.
Terms Used In West Virginia Code 37-6A-4
- Action: means recoupment, counterclaim, set off or other civil suit and any other proceeding in which rights are determined, including without limitation actions for possession, rent, unlawful detainer, unlawful entry and distress for rent. See West Virginia Code 37-6A-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Landlord: means the owner or lessor of the dwelling unit or the building of which such dwelling unit is a part. See West Virginia Code 37-6A-1
- Rental agreement: means all agreements, written (including an electronic record as defined by paragraph (7), section two, article one, chapter thirty-nine-a of the code) or oral, express or implied, embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. See West Virginia Code 37-6A-1
- Tenant: means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others and shall include a roomer. See West Virginia Code 37-6A-1