Property Management

In West Virginia, what is the legal effect of a lease clause that purports to waive the landlord's implied warranty of habitability?

AThe waiver is fully enforceable as a contract term
BThe waiver is void and unenforceable under West Virginia law✓ Correct
CThe waiver is enforceable only for commercial leases
DThe waiver is enforceable if initialed by both parties

Explanation

Under West Virginia's Residential Landlord and Tenant Act, the implied warranty of habitability is a statutory protection that cannot be waived by lease agreement. Any lease provision attempting to waive this protection is void and unenforceable.

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