A West Virginia month-to-month rental agreement is a contract (not necessarily in writing) which allows a tenant to rent property from a landlord, for one month at a time, in exchange for a fee (“rent”). The rental 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 rental agreements are clearer and legally stronger, but oral leases are legal in a month-to-month context.
Parties under a month-to-month lease enjoy 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 keep essential features of the property in habitable condition, and protect the tenant’s quiet enjoyment of the lease.
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 terminate a month-to-month lease with at least one month of advance notice. In general, any reason that isn’t landlord retaliation is a legal and valid grounds for ending a month-to-month lease.
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 have a statutory requirement for advance notice before a rental increase, but in most cases “reasonable” landlord behavior is to keep the same standards as for termination, namely one month of notice in writing.
Eviction in West Virginia Month-to-Month Rentals
West Virginia tenants may face eviction for violating a month-to-month lease or remaining 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
-
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.
Source Link
