There are a few laws that must be followed in West Virginia when you create a rental application for tenants. Failure to comply with these rules could lead to serious legal consequences and allow the tenant to sue.
Application Fee
Landlords can charge any fee they choose for a rental application, as these are not limited by West Virginia statutes. The fee that is paid is also non-refundable to the tenant (§ 37-6A-1(2)).
Security Deposit
Similar to the application fee law, there is no West Virginia statute defining a limit on the amount landlords can charge tenants for security deposits (§ 37-6A-2).
Housing Discrimination Law
In West Virginia, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
- Race
- Nationality
- Religion
- Sex
- Familial status
- Disability
- Criminal history
As a consequence, you are not allowed to ask for any of these details on a West Virginia Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
You must disclose the screening criteria used during the application process, as well as anything that could lead to a refusal. To make sure individuals understand this in advance of the application, they must provide a signature of acknowledgment on the application.
Consent Credit Check
The Federal Credit Reporting Act (FCRA) stipulates that potential tenants must agree to any credit checks you require. To show they consent, they must provide written acknowledgment on the application form.