W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-11
Persons liable for rent; termination of lease upon death.
Operative Text
(a) Rent may be recovered from the lessee, or other person owing it, or the heir, personal representative, devisee or assignee, who has succeeded to the lessee's estate in the premises. But no assignee shall be liable for rent which became due before his or her interest began. Subject to the provisions of subsection (b), nothing herein shall change or impair the liability of heirs, personal representatives, or devisees, for rent, to the extent and in the manner in which they are liable for other debts of the ancestor or testator; nor shall the mere merger of the reversion to which a rent is incident affect the liability for such rent. (b) (1) Notwithstanding any other provision of this code to the contrary, upon the death of a lessee of a residential premises, an heir, personal representative, devisee or assignee of the deceased lessee may terminate a lease prior to its expiration. (2) Termination of a residential lease, as provided in this subsection, shall become effective on the last day of the calendar month that is two months after: (A) The date on which the notice is hand-delivered to the other party of the lease, or (B) The date on which the notice, addressed to the other party to the lease, is deposited in the United States mail, postage prepaid, evidenced by the postmark. (3) Termination of a lease under this subsection does not relieve the lessee's estate from liability for either: (A) The payment of rent or other sums owed prior to or during the two month written notice period, or (B) For the payment of amounts necessary to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. (4) The right of termination contained in this subsection may not be waived by a lessor, lessee or lessee's heir, personal representative, devisee or assignee, by contract or otherwise. Any lease provision or agreement requiring a longer notice period than that provided by this article, is void and unenforceable. (5) The provisions of this subsection apply to residential property leases entered into or renewed on or after July 1, 2012.
West Virginia Code § 37-6-11 governs who is responsible for rent when a lease changes hands or a tenant dies. Under subsection (a), rent can be collected from the original tenant, their heirs, personal representatives, devisees, or assignees who step into the tenant's place — though an assignee is only responsible for rent that comes due after their interest begins. Under subsection (b), when a residential tenant dies, their heir, personal representative, devisee, or assignee has the right to end the lease early by giving proper written notice, with the termination taking effect on the last day of the calendar month that is two months after the notice is delivered or postmarked — and this right cannot be waived or contracted away.
Plain English — not legal advice.
Under § 37-6-11, property owners and managers should be aware that upon a residential tenant's death, an authorized successor has a statutory right to terminate the lease with roughly two months' written notice, and any lease clause demanding a longer notice period is void. A compliant operator generally acknowledges timely notice from an heir, personal representative, devisee, or assignee and calculates the termination date as the last day of the calendar month falling two months after delivery or postmark. Operators also typically document any rent or charges owed through the notice period and assess restoration costs — excluding ordinary wear and tear — as permitted by § 37-6-11(b)(3).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 37-6-11(b), if you are the heir, personal representative, devisee, or assignee of a deceased residential tenant in West Virginia, you generally have the right to terminate the lease before its natural expiration by providing written notice to the landlord. The lease ends on the last day of the calendar month that is two months after the notice is hand-delivered or postmarked, and the estate remains responsible for rent and applicable restoration costs through that period. If a landlord refuses to honor this termination right or attempts to enforce a longer notice requirement, consulting a tenant-rights organization or reviewing the full text of § 37-6-11 may help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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