West Virginia Month-to-Month Lease Agreement

Last Updated: April 8, 2022 by Elizabeth Souza

A West Virginia month-to-month lease agreement is a contract (written or oral) that allows a tenant to rent property from a landlord, in exchange for a fee (“rent”), for a period of thirty days at a time. The agreement remains active until either party gives proper notice to end it.

Note: For fixed term leases in West Virginia (i.e., 1-year), click here.

How do West Virginia Month-to-Month Lease Agreements Work?

A landlord and tenant can enter into a month-to-month lease through a written contract or oral agreement. It does not have to be written.

Once the lease is active, both parties are given full rights under West Virginia landlord tenant law. This includes the landlord’s responsibility to provide a habitable living space, the tenant’s responsibility to pay rent in a timely manner and all other rights and responsibilities.

How Much Notice is Needed to End the Lease?

In West Virginia either party may terminate a month-to-month lease with at least a 1 month’s notice. W. Va. Code § 37-6-5

Notice must be provided in written form.

How Much Notice is Needed to Raise the Rent?

A West Virginia landlord is not required to provide a written notice before an increase in rent. It is customary for the landlord to provide 1 month’s notice before the expected rent increase.

How are Month-to-Month Tenants Evicted in West Virginia?

After the landlord gives proper notice, and that period of time elapses, the lease expires and is no longer active.

If a tenant remains on the property after lease expiry, the landlord may move forward with the eviction process to remove the tenant by filing a complaint with the applicable county court in West Virginia. The process for eviction can be completed 1-3 months, but can take longer depending on the circumstances.

For more information on the eviction process in West Virginia, click here.