A West Virginia month-to-month rental agreement is a contract (not necessarily in writing) for a tenant to rent property from a landlord, one month at a time, in exchange for a fee (“rent”). The agreement renews monthly, until either party gives proper notice to end it.
Basics of a West Virginia Month-to-Month Rental Agreement
In West Virginia, a landlord and tenant create a month-to-month lease by agreeing to rent a property according to acceptable terms. Written agreements are clearer and more reliable in case of disagreement, but month-to-month oral (unwritten) leases are legal.
Parties under a month-to-month lease have full rights under West Virginia landlord-tenant law. The tenant must use the property in a responsible way and pay rent on time. The landlord must ensure the tenant’s quiet enjoyment of the property. This includes keeping critical features of the property in good working condition.
The main difference between a month-to-month lease and a fixed-term lease is that month-to-month leases can be terminated (with proper notice) by either party, for any reason, without penalty. Landlords also can usually modify terms from one month to the next, again with proper notice.
Required Disclosures for Month-to-Month Rentals in West Virginia
West Virginia landlords may not rent a property out without making the following disclosures to a potential tenant, as relevant:
- Lead-Based Paint – Landlords must provide an EPA-approved disclosure and informational pamphlet to tenants renting any property built before 1978.
Required Notice To End a Month-to-Month Rental in West Virginia
West Virginia lets both the landlord or tenant end a month-to-month lease with at least one month of advance notice. In general, it’s valid to end a month-to-month lease for any reason that isn’t landlord retaliation.
West Virginia requires written notice to end a month-to-month lease.
Required Notice To Raise the Rent on a West Virginia Month-to-Month Lease
West Virginia doesn’t set a specific timeframe for notice to raise the rent. This means in most cases it’s reasonable for a landlord to use the standard advance notice amount required for major lease changes like termination. In West Virginia, this is one month.
Eviction in West Virginia Month-to-Month Rentals
West Virginia tenants may get evicted if they violate lease terms or stay on the property after the notice period allowed by a valid termination. Evictions in West Virginia typically take around one to three months.
For more information on the eviction process in West Virginia, click here.
Sources
- 1 W.V. 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. 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. 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. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.
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