West Virginia Agreement to Make Improvements to Leased Property

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Multi-State
Control #:
US-1247BG
Format:
Word; 
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Description

Improvement to real property means a permanent addition to or betterment of real property that enhances its capital value
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FAQ

Under West Virginia law, landlords are required to maintain rental housing in a fit and habitable condition from the time of move in until the time of move out. This means a landlord must make sure that rental housing measures up to all health, safety, fire, and housing code standards at all time.

In most circumstances, improvements attached to the building become part of the real estate. However, there are critical exceptions. Improvements that are unique to the operation of the tenant's business are called trade fixtures. Trade fixtures are retained by the tenant on expiration of the lease.

Technically, leasehold improvements are amortized, rather than being depreciated. This is because the actual ownership of the improvements is by the lessor, not the lessee. The lessee only has an intangible right to use the asset during the lease term. Intangible rights are amortized, not depreciated.

Emergency Entry Allowed without Notice: No statute given. Many lease agreements address this issue without the need for state or county statutes.

Landlord Responsibilities in West Virginia Landlords must respond to repair requests within 14 days to make necessary repairs. If a landlord is noncompliant after 14 days of notice, tenants have the right to hire a professional to repair the issue and deduct a reasonable amount from the following month's rent payment.

Conversely, lease agreement provisions can obligate a tenant to construct or install improvements on the property. The time period for commencement and completion is agreed to in the lease agreement.

Landlords are required to make and pay for repairs for items under their responsibility. They must do so within 14 days after receiving a written request from tenants (read more).

Tenant PrivacyState law prohibits landlords from entering rental housing without either the consent of the tenant or providing reasonable notice in advance, unless circumstances require the landlord to perform emergency repairs.

Leasehold improvements ( LHI ) are modifications made to a leased space or leased asset to make it more useful to, or to fit the particular needs of, the tenant.

Terms in this set (8) Tenant Improvements. Improvements made to a leased property to meet the needs of the occupying tenant.

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West Virginia Agreement to Make Improvements to Leased Property