West Virginia Statewide Rule
West Virginia Lease Termination Notice
Key Facts
- Governing statute
- W. Va. Code § 37-6-5
- Month-to-month notice
- One full rental period (1 month)
- Year-to-year notice
- At least three months
- Fixed-term lease
- Ends on its date, no notice
- Form
- Written notice required
Summary
To end a month-to-month tenancy in West Virginia, either party must give written notice of one full rental period before the end of a period under W. Va. Code § 37-6-5. A year-to-year tenancy needs at least three months' notice. A fixed-term lease ends on its stated date without notice unless the lease says otherwise.
A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him or upon anyone holding under him the leased premises, or any part thereof.
Full Breakdown
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.
Violations & Penalties
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.
Frequently Asked Questions
How much notice ends a month-to-month tenancy in West Virginia?
How much notice is needed for a year-to-year tenancy in West Virginia?
Do I need to give notice to leave at the end of a fixed-term lease in West Virginia?
Sources
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