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West Virginia month-to-month lease agreement
Written for West Virginia law, checked September 24, 2026 General information, not legal advice
A month-to-month tenancy renews each month until the landlord or the tenant gives notice. Choose month-to-month as the lease type, or set a fixed-term lease to convert to month-to-month when its term ends.
West Virginia rules that apply
- Month-to-month notice
- One full month
- before the end of a period, unless the lease sets another notice
- W. Va. Code 37-6-5
Ending a month-to-month tenancy
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.
More detail (2)
- 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
The lease sets its own month-to-month notice, as the statute allows: at least the number of days you choose (30 unless you choose otherwise), in writing, by either party.
Rent increase notice
Not set by statuteNeither article sets a notice period for a rent increase or limits how much rent may rise.
W. Va. Code chapter 37, article 6 W. Va. Code chapter 37, article 6A
More detail (1)
- Do not treat section 37-6-5's termination notice as a separate statutory deadline for changing rent. It addresses year-to-year and shorter periodic tenancies, allows a special agreement on notice and expressly dispenses with notice for a term ending at a certain time. Identify the actual tenancy and review its rent-change terms before choosing a renewal rate and effective date. A year-to-year periodic tenancy and a fixed term with a stated end date are different for this notice rule. W. Va. Code 37-6-5: notice qualifications