Notice periods / West Virginia

West Virginia notice periods

A West Virginia landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. There is no separate statutory notice period for rent increases; the month-to-month termination notice is the practical minimum. For nonpayment, no statutory pay-or-quit period applies; the landlord may proceed after rent is due and unpaid, subject to the lease.

Landlord ends month-to-month
30 days
Tenant ends month-to-month
30 days
Rent increase
No statute
Pay or quit
None by statute
Rent due on the 1st. Most statutes require termination notices to line up with the rental period.

West Virginia notice requirements in full

The West Virginia rules in detail

Ending a month-to-month tenancy · W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later)

A periodic tenancy of less than a year may be terminated by either party with written notice of one full period before the end of a period (one month for month-to-month); year-to-year requires three months

Rent increases

No statute governs rent-increase notice; in practice the one-period (30-day) notice applies

Nonpayment (pay or quit)

No statutory pay-or-quit period. The landlord may proceed under the lease and court rules once rent is unpaid.

Serving the notice

Source: W. Va. Code § 37-6-5; § 55-3A-1 (no pre-suit notice to quit is required for nonpayment; the landlord may file a petition for summary relief immediately and the court sets a hearing 5-10 judicial days later).

Related West Virginia rules

Frequently asked questions

How much notice does a landlord have to give a tenant to move out in West Virginia?

30 days’ written notice for a month-to-month tenancy. A periodic tenancy of less than a year may be terminated by either party with written notice of one full period before the end of a period (one month for month-to-month); year-to-year requires three months

How much notice does a tenant have to give in West Virginia?

30 days’ written notice on a month-to-month tenancy. A fixed-term lease ends on its own date unless it says otherwise.

How much notice is required for a rent increase in West Virginia?

West Virginia has no specific statute. No statute governs rent-increase notice; in practice the one-period (30-day) notice applies

How long is a pay-or-quit notice in West Virginia?

No statutory notice period for nonpayment; check the lease and local court rules.

Does the notice have to end on the last day of the month?

In most states, yes: a termination notice on a periodic tenancy takes effect at the end of a rental period that is at least the required number of days after service. Serving on the 15th with a 30-day requirement typically ends the tenancy at the end of the following month, not 30 days later. The calculator shows both dates.

Notice periods in other states