Breaking a lease in West Virginia

No notice is needed to end a tenancy whose term ends on a set date. Neither article gives a general right to end a fixed term early, but specific sections do: after a residential tenant dies, the tenant's heir, personal representative, devisee or assignee may end the lease by written notice, effective on the last day of the calendar month two months after the notice is hand-delivered or mailed.

W. Va. Code 37-6-5 W. Va. Code 37-6-11(b)

• That right after a death applies to residential leases entered into or renewed on or after July 1, 2012, cannot be waived, and a lease term requiring longer notice is void. The estate still owes rent through the notice period and the cost of restoring the home, less ordinary wear and tear. W. Va. Code 37-6-11(b)(3) to (5)
• If the whole property is taken by eminent domain, rent ends unless the lease says otherwise; a partial taking reduces rent in proportion. W. Va. Code 37-6-29
• If a tenant who owes rent abandons the home, your posted notice may also say you will relet it; the tenant then stays liable for the difference between the new rent and the lease rent for the rest of the term. W. Va. Code 37-6-6(a) W. Va. Code 37-6-7 See Abandoned property on the West Virginia page
• Neither article gives a right to end a lease because of domestic violence. The domestic violence chapter and the federal servicemember law were not read for this page. W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A

A periodic tenancy shorter than a year, such as month-to-month, may be ended by written notice for one full period before the end of any period. A year-to-year tenancy needs written notice at least three months before the end of a year.

W. Va. Code 37-6-5

• These notice rules do not apply where you and the tenant agree on some other notice period, or on no notice. W. Va. Code 37-6-5
• Notice to the tenant may be served on the tenant or on anyone holding the home under the tenant. The tenant's notice may be served on anyone who owns the home in whole or in part, or the owner's agent. W. Va. Code 37-6-5