West Virginia sets no statutory cap on rent late fees and no mandatory grace period. Chapter 37, Article 6 does not address late charges, so they are governed entirely by the lease. A late fee is enforceable only if the lease provides for it, and courts may refuse to enforce an unreasonable charge.
No provision of W. Va. Code Chapter 37, Article 6 caps late fees, requires a grace period, or sets a maximum percentage. Late charges are therefore purely contractual: a landlord may collect a late fee only if the written lease provides for one, and the amount and trigger date are whatever the lease specifies. West Virginia courts apply general contract principles, so a fee that functions as an unreasonable penalty rather than a good-faith estimate of the landlord's loss may be unenforceable, but there is no bright-line statutory limit. Because the rule is contractual, tenants should read the lease's late-fee clause closely, since it controls both the amount and when the charge attaches.
No specific statutory penalty. A late fee not authorized by the lease is uncollectable, and a court applying contract principles may refuse to enforce an unreasonable charge as a penalty.
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