W. Va. Code §§ 37-6-1 to 37-6-31 § 37-6-5
Notice to terminate tenancy.
Operative Text
A tenancy from year to year may be terminated by either party giving notice in writing to the other, at least three months prior to the end of any year, of his intention to terminate the same. A periodic tenancy, in which the period is less than one year, may be terminated by like notice, or by notice for one full period before the end of any period. When such notice is to the tenant, it may be served upon him or upon anyone holding under him the leased premises, or any part thereof. When it is by the tenant, it may be served upon anyone who at the time owns the premises in whole or in part, or the agent of such owner, or according to the common law. This section shall not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given; nor shall notice be necessary from or to a tenant whose term is to end at a certain time.
West Virginia Code § 37-6-5 establishes the notice requirements needed to end a tenancy that automatically renews. For a year-to-year tenancy, either the landlord or tenant must provide written notice at least three months before the end of the current year. For shorter periodic tenancies—such as month-to-month—written notice equal to one full rental period is required before the period ends. These requirements do not apply when a lease already specifies a different notice period, waives notice entirely, or when the tenancy has a fixed end date.
Plain English — not legal advice.
Under § 37-6-5, property owners and managers who wish to end a year-to-year tenancy generally provide written notice to the tenant—or anyone occupying the premises under the tenant—at least three months before the lease year concludes. For shorter periodic tenancies, compliant operators typically deliver written notice covering one full rental period before that period ends. Operators whose leases already specify a different notice arrangement, or whose tenants hold a fixed-term lease with a defined end date, are generally not subject to these statutory notice timelines.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section § 37-6-5 of the West Virginia Code gives tenants the right to receive advance written notice before a landlord can terminate a periodic tenancy—three months' notice for year-to-year arrangements, or one full period's notice for shorter cycles like month-to-month. Tenants also have a reciprocal right to end their own tenancy by providing the same written notice to the landlord, their agent, or a co-owner of the property. If a landlord attempts to terminate a tenancy without meeting these notice requirements, tenants may have grounds to raise the deficiency as a defense; consulting a tenant-rights organization or legal aid service can help clarify available options under this provision.
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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