A West Virginia lease termination notice is a document that officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
Types of West Virginia Lease Termination Notice Forms
| Notice Form | Lease Type |
| 7 Day Notice To Vacate | Weekly |
| 30 Day Notice To Vacate | Monthly |
| 90 Day Notice To Vacate | Yearly |
West Virginia 7 Day Notice To Vacate
A West Virginia 7 Day Notice To Vacate terminates a week-to-week lease, and may also serve as notice of non-renewal for situations with no lease, when rent is paid weekly. The non-terminating party must receive notice at least seven (7) calendar days before the end of the following rental period or expiration of the lease.
West Virginia 30 Day Notice To Vacate
A West Virginia 30 Day Notice To Vacate form terminates month-to-month tenancies. This form may also serve as notice of non-renewal with no lease or an expired lease, when rent is paid monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the end of the following rental period or expiration of the lease.
West Virginia 90 Day Notice To Vacate
A West Virginia 90 Day Notice To Vacate terminates a year-to-year lease. The non-terminating party must receive notice at least ninety (90) calendar days before the end of the following rental period or expiration of the lease.
How To Write a Lease Termination Notice in West Virginia
To ensure the legal compliance of a lease termination notice:
- 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 Calculate Expiration Date in West Virginia
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
How To Serve a Lease Termination Notice in West Virginia
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 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.
Source Link - 2 WV Code § 37-6-5
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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.
Source Link - 3 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 - 4 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 - 5 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