West Virginia Notice to Vacate

West Virginia notice periods

Each period is the one LeaseCraft's record of the statute holds. Read it with the conditions under it: some periods are minimums and some apply unless the lease sets another. "Lease controls" means the record holds no statutory period for that situation, and "No pre-suit notice" means it holds no notice before filing. The source column shows the law and the date LeaseCraft read it on the official site (most recently 2026-09-27).

What the West Virginia statute says

Ending a month-to-month tenancy: 30 days

• W. Va. Code 37-6-5: a periodic tenancy with a period of less than one year may be terminated by written notice 'for one full period before the end of any period' (one month for month-to-month) — or by the year-to-year rule (three months before the end of a year).
• Does not apply 'where, by special agreement, some other period of notice is fixed, or no notice is to be given'.

Ending a week-to-week tenancy: 7 days

• 37-6-5: notice 'for one full period before the end of any period' — one week for week-to-week.

Tenant staying after the lease ends: Lease controls

• No separate holdover notice found in 37-6-5 or 55-3A-1 (55-3A-1 grounds are arrears, breach and damage; holdover after a 37-6-5 notice is pursued as wrongful occupation/unlawful detainer under other sections not researched).

Delivery, form and other West Virginia rules

Statewide just-cause rule

No statewide just-cause requirement

• No just-cause requirement found; periodic tenancies end on 37-6-5 notice and the lease may even dispense with notice.

W. Va. Code 37-6-5; 55-3A-1 · read 2026-09-27

How the notice may be delivered

No pre-suit notice to serve for nonpayment/breach. The 55-3A-1(c) notice of petition/hearing is served on the tenant 'in accordance with Rule 4 of the West Virginia Rules of Civil Procedure or by certified mail, return receipt requested'. A 37-6-5 termination notice must be 'in writing'; no delivery method is prescribed in that section.

W. Va. Code 55-3A-1(c); 37-6-5 · read 2026-09-27

Preparing the notice

The form asks for the tenancy, the date the tenant must leave and how the notice is delivered, and states the notice period plainly. You enter the period; where LeaseCraft has verified the West Virginia period for ending a month-to-month tenancy, it refuses a shorter one.

Create a West Virginia notice to vacate

A notice is not a court order and does not by itself remove a tenant. Cities and counties can add rules. LeaseCraft is not a law firm and this is not legal advice.

Notice to Vacate rules in nearby states

Notice to Vacate rules for every state