West Virginia Lease Termination Notices

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Purpose. A West Virginia lease termination letter (“Notice to Vacate”) is a required document to end month-to-month lease agreements in West Virginia. State law requires giving at least 30 days notice for termination. However, state law does not require notice to be given to end fixed term lease agreements on their end date.

Read further to learn more about notice requirements and the residential lease termination process in West Virginia.

West Virginia Notice Requirements for Lease Termination by Tenant

  • With a fixed-term lease, the term of the lease will expire on a certain date, and if there is no change in that information, the tenant will not need to send out a notification.
  • When a tenant has a yearly lease that will renew each year automatically, the tenant will need to give a three-month notice to the landlord when they wish to vacate the unit.
  • With a month-to-month lease, the tenant will be required to give a one months’ notice before vacating the property. This can change if a different period of time was agreed upon in the rental agreement.
  • With a week-to-week tenancy, the landlord will need to be given a notice of one week before the tenant vacates the property.

Legally Terminating a Lease Early in West Virginia

  • When a tenant has a landlord who fails to maintain the housing so that it is habitable, they will be permitted to stop paying rent and break the lease.
  • When the landlord breaches the ability for the tenant to enjoy living in the rental unit, the tenant can justifiably break the lease. This can include performing illegal activities on the property or entering the unit without adequate notice.
  • When a tenant begins active service in the military, they will be permitted to end the tenancy in a period of 30 days from when they send the notice to the landlord.