West Virginia Lease Termination Notice

W. Va. Code § 37-6-5 governs termination of periodic tenancies. A tenancy from year to year may be ended by either party "giving notice in writing to the other, at least three months prior to the end of any year." A shorter periodic tenancy "may be terminated by like notice, or by notice for one full period before the end of any period," so a month-to-month tenant or landlord must give one month's written notice before the end of a rental period. The statute does not apply "where, by special agreement, some other period of notice is fixed, or no notice is to be given," and no notice is required for a tenancy that ends at a certain time, so a fixed-term lease expires on its own date. Notice to the tenant may be served on the tenant or anyone holding under the tenant.

No specific statutory penalty. Notice that is too short or improperly served is ineffective to end the tenancy, so the tenancy continues into the next period until proper notice is given.