A West Virginia 90 Day Notice To Vacate is a letter which complies with state legal requirements to terminate a year-to-year lease. The non-terminating party must receive notice at least ninety (90) calendar days before the date of termination.
When To Use a West Virginia 90 Day Notice To Vacate
A West Virginia 90 Day Notice To Vacate terminates a year-to-year lease. Either the landlord or the tenant may deliver this notice, as appropriate.
Some types of West Virginia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a West Virginia 90 Day Notice To Vacate
To help ensure the legal compliance of a Notice To Vacate:
- Use the full name of the receiving party, and address of record, if known
- Specify the termination date of the lease or tenancy
- Fill in the full address of the rental premises
- Provide updated/current address and phone number information
- Print name and sign the notice
- Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a West Virginia 90 Day Notice To Vacate
West Virginia landlords and tenants may deliver a lease termination notice using any of these methods:
- Hand delivery to the other party
- (Tenant only) Hand delivery to anyone who holds the premises, or a part of the premises, under the tenant
- (Tenant only) Hand delivery to a member of the tenant’s family on the premises, at least 16 years old, who has had the contents of the notice explained to them
- (Landlord only) Hand delivery to anyone who owns all or part of the premises, or any agent of such a person
Sources
- 1 WV Code § 37-6-5
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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.
Source Link - 2 W.Va. Code § 37-6-5
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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. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law.
Source Link - 3 W.Va. R. Civ. P. 4(d)(1)(A) & (B)
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Source Link
Service upon an individual other than an infant, incompetent person, or convict may be made by:
(A) Delivering a copy of the summons and complaint to the individual personally; or (B) Delivering a copy of the summons and complaint at the individual’s dwelling place or usual place of abode to a member of the individual’s family who is above the age of sixteen (16) years and by advising such person of the purport of the summons and complaint