West Virginia Notice to Comply or Vacate

A West Virginia Notice To Comply or Vacate is a letter which complies with state legal requirements to begin an eviction against a tenant for a lease violation. The landlords does not have to deliver prior notice or allow an opportunity for corrective action, but if they do, the tenant must take appropriate corrective action or move out by the date of termination.

When To Use a West Virginia Notice To Comply or Vacate

A West Virginia Notice To Comply or Vacate begins the eviction process when the tenant violates a condition or covenant of the lease.

At the landlord’s discretion, the tenant may be allowed an opportunity to take corrective action to fix the violation, but this is not a legal requirement. The landlord is also responsible for setting a reasonable date of termination by which the tenant must (if applicable) fix the violation, or otherwise move out.

note

A landlord is not legally required to provide notice to the tenant before filing eviction in court. In West Virginia, the tenant has primary responsibility to ensure compliance with the terms of the lease at all times.

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 Notice To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

Use the full name of the receiving party, and address of record, if known
Specify the termination date of the lease or tenancy
Specify the basis for terminating the tenancy, and (if applicable) the corrective action(s) necessary to avoid termination
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 Notice To Comply or Vacate

West Virginia landlords may deliver a Notice To Comply or Vacate using any of these methods:

Hand delivery to the tenant
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
Only if the premises are vacant: Posting at a conspicuous place on the premises

note

In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.

Sources

1 W.Va. Code § 37-6-19: Any person who shall have the right of reentry into the lands by reason of any rent issuing thereout being in arrear, or by reason of the breach of any covenant or condition, may serve a declaration in ejectment on the tenant in possession, where there shall be such tenant, or, if the possession be vacant, by affixing the declaration upon the chief door of any messuage, or at any other conspicuous place on the premises, which service shall be in lieu of a demand and reentry; or may commence an action of unlawful detainer, and obtain service either in person or by publication, as in other such actions, which service shall be in lieu of a demand and reentry.
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2 W.Va. R. Civ. P. 4(d)(1)(A) & (B): 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

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