3.1 Notice to Terminate Tenancy

West Virginia law recognizes various types of tenancy agreements and the rules for termination by either the landlord or the tenant vary depending on the type of agreement held. In a year-to-year lease agreement, either the landlord or the tenant may legally terminate the agreement by giving written notice to the other party of his or her intention to terminate the tenancy at least three months before the end of the year. W.Va. Code §37-6-5.

A periodic tenancy, one in which the lease is for less than one year, such as a month-to month-agreement, may be legally terminated one full rental period after the rental period in which notice is given. Rental periods will vary from tenant to tenant, but, for example, if the period of a tenant’s lease is from the 1st to the 1st, then notice must be given before the first of the month and the tenant may legally remain a tenant until the end of the rental period following the notice. So if the landlord notifies the tenant on June 15th that he or she wishes to terminate the tenancy, then the tenant may remain a tenant for the remainder of June and also the July rental period, from July 1st to July 31st, before the tenancy is legally terminated on August 1st. The landlord must serve a Notice of Termination on the tenant or any person holding the premises or any part of the premises under the tenant. A tenant must serve a Notice of Termination on the person owning the premises or his or her designated agent. W.Va. Code §37-6-5.

This law does not apply to lease agreements which specify that another notice period is required or that no notice period is required. It also does not require notice to or from a tenant when the lease term is to end at a certain time. W.Va. Code §37-6-5.

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