West Virginia Notice to Vacate: Notice Periods and Rules
In West Virginia, tenants give at least 30 days written notice to end a month-to-month tenancy, and landlords give at least 30 days. For unpaid rent, the law does not require a waiting period before filing. The details, exceptions and statute citations are below.
West Virginia notice periods at a glance
| Tenant ending a month-to-month tenancy | 30 days W. Va. Code § 37-6-5 (notice for one full rental period) |
|---|---|
| Landlord ending a month-to-month tenancy | 30 days W. Va. Code § 37-6-5 (notice for one full rental period) |
| Longer tenancies and special cases | Year-to-year tenancy: written notice at least 3 months before the end of the year (§ 37-6-5). |
| Notice for unpaid rent | No notice period required before filing W. Va. Code § 55-3A-1 (summary relief; no pre-filing notice required) |
| End of a fixed-term lease | No notice is required to or from a tenant whose term ends on a set date (W. Va. Code § 37-6-5). |
| How notice can be delivered | Notice to the tenant may be served on the tenant or anyone holding the premises under them; notice from the tenant may be served on any owner or the owner's agent, or as allowed by common law (W. Va. Code § 37-6-5). The court hearing notice in a summary eviction is served under Civil Procedure Rule 4 or by certified mail (§ 55-3A-1(c)). |
Month-to-month notice is 'one full period before the end of any period', so it must end on the last day of a rental month, not just 30 calendar days out; a lease may set a different notice period or none. For unpaid rent, a landlord may file a summary eviction petition without first serving a pay-or-quit notice; the hearing is set 5-10 judicial days after filing.
What a West Virginia notice to vacate should include
- The names of every tenant on the lease and the full address, including unit number
- The date you are giving the notice and the date the tenancy ends
- A move-out date that gives at least the minimum notice above, counted from the day the notice is delivered
- For unpaid rent: the exact amount owed and how to pay it
- Your name, signature and contact details
- A record of how and when you delivered it (keep a copy)
Many month-to-month notices must also end on the last day of a rental period, so if rent is due on the 1st, the safest move-out date is the end of a month. Giving more notice than the minimum is fine; giving less usually makes the notice invalid.
West Virginia notice to vacate FAQ
How much notice does a tenant have to give in West Virginia?
For a month-to-month tenancy, at least 30 days in writing (W. Va. Code § 37-6-5 (notice for one full rental period)). If you have a fixed-term lease, check the lease: it may require notice before the end date or renew automatically.
How much notice does a landlord have to give in West Virginia?
To end a month-to-month tenancy without a specific reason, at least 30 days (W. Va. Code § 37-6-5 (notice for one full rental period)). Year-to-year tenancy: written notice at least 3 months before the end of the year (§ 37-6-5).
What is the notice period for unpaid rent in West Virginia?
West Virginia does not require a waiting period before a landlord files for unpaid rent (W. Va. Code § 55-3A-1 (summary relief; no pre-filing notice required)). A landlord still cannot change the locks or remove the tenant without a court order.
How do you deliver a notice to vacate in West Virginia?
Notice to the tenant may be served on the tenant or anyone holding the premises under them; notice from the tenant may be served on any owner or the owner's agent, or as allowed by common law (W. Va. Code § 37-6-5). The court hearing notice in a summary eviction is served under Civil Procedure Rule 4 or by certified mail (§ 55-3A-1(c)).
Do I need to give notice at the end of a fixed-term lease in West Virginia?
No notice is required to or from a tenant whose term ends on a set date (W. Va. Code § 37-6-5).
Create your West Virginia notice
The form fills in the West Virginia notice period, dates and delivery details and gives you a print-ready PDF. You see the notice before you pay; plans start at $29.
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Checked October 2026. Laws change, and cities can add their own rules. This page is general information, not legal advice.
Guides
- 30-Day Notice to Vacate: Sample Letter and Rules
- 30-Day Notice to Landlord: Intent to Vacate Letter
- Lease Termination Letter: End-of-Term and Early Termination
- Notice to Vacate Template and Sample Letter
- Notice to Pay Rent or Quit
- 60-Day Notice to Vacate
- Lease Non-Renewal Letter