West Virginia Month-to-Month Rental Agreement
The lease terms always depend on the type of tenancy you’re entering into. For example, a fixed-term lease in West Virginia gives both sides a predictable rental period and steady terms. A month-to-month lease, however, offers more flexibility but far less certainty.
West Virginia month-to-month leases automatically renew each time the tenant pays rent, but either party can end the lease with written notice. Since these agreements don’t have definitive end dates, renters who sign them are also known as tenants-at-will.
This guide explains how month-to-month leases work in West Virginia, security deposit regulations, lease-breaking, essential topics you must address in your rental agreements, and more.
West Virginia Lease Agreement
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West Virginia Landlord-Tenant Law
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West Virginia Month-to-Month Lease Laws
Landlords in West Virginia should learn the state’s landlord-tenant laws inside and out, as these rules influence essential details of every rental agreement, including:
- Disclosures
- Notices to terminate
- Rent increases
- Evictions
- Security deposit laws
- Pet deposits and rent limitations
- Late fees
Required Landlord Disclosures (2)
1. Lead paint: Federal law requires landlords to inform tenants about any known lead-based paint or lead hazards in properties built before 1978.
2. Nonrefundable fees: Every lease in West Virginia must include clear language about non-refundable tenant fees, such as application fees (WV Code § 37-6A-1(14)).
Required Notice to Terminate Month-to-Month Agreement
West Virginia’s month-to-month leases don’t predetermine end dates, so landlords and tenants should follow state rules when giving notice to terminate the agreement.
Required notice for landlord: At least one full rental period (WV Code § 37-6-5)
Required notice for tenant: At least one full rental period (WV Code § 37-6-5)
Rent Increase Laws
West Virginia doesn’t have rent control or rent stabilization laws, so landlords can raise rent as much as they’d like. But, if a landlord wants to raise rent on a month-to-month lease, they must give the tenant notice of one full rental period or longer (WV Code § 37-6-5).
Rent Payment Laws
Grace period: West Virginia law doesn’t mandate landlords to allow tenants a grace period for paying rent.
Late rent fees: West Virginia doesn’t limit how much landlords can charge tenants for late fees. That said, the rental contract should clearly explain the fees and when they apply.
Tenant’s right to withhold rent: West Virginia tenants can’t withhold rent for repairs, but if the landlord doesn’t fix a problem within 14 days of written notice, the tenant may pay for the repair and deduct the cost from their upcoming rent payment (WV Code § 55-3A-1).
Pet rent laws: West Virginia landlords can charge pet rent if the lease explains the terms clearly. Federal law bars landlords from charging fees for service or emotional support animals.
Security Deposit Rules
Maximum security deposit: West Virginia law doesn’t cap the amount that a landlord can collect from tenants as a security deposit.
Security deposit receipt: Landlords in West Virginia aren’t obligated to give tenants a receipt for their security deposit.
Security deposit interest: Landlords don’t have to pay tenants interest on security deposits.
Deduction tracking: West Virginia landlords can use a tenant’s security deposit to cover unpaid rent, utility bills, damage beyond normal wear, and costs for removing or storing a tenant’s belongings. They must then issue a written list of deductions and return any remaining funds to the tenant (WV Code § 37-6A-2).
Returning a tenant’s security deposit: Landlords have 60 days after the lease ends to make deductions and return the tenant’s security deposit.
Pet deposit rules: West Virginia landlords can charge a pet deposit if they outline the terms within their lease agreement. Federal law, however, bars landlords from charging deposits for service animals or emotional support animals.
Property Access Regulations
Advance notice: West Virginia law doesn’t specify when a landlord can or cannot enter a rental unit. Still, landlords should give reasonable notice before entering to avoid disrupting the tenant’s right to quiet enjoyment.
Immediate access: During emergencies, West Virginia landlords can enter a rental unit without issuing advance notice to the tenant.
Landlord harassment: If a landlord enters a rental unit repeatedly without a valid reason, they risk receiving a landlord harassment claim from their tenant. Tenants can ask the courts to demand that the landlord stop the behavior, seek damages, and possibly end their lease early with no legal recourse.
Rental Agreement Violations
Missed rent payment: West Virginia landlords don’t have to give notice before starting eviction. If a tenant misses rent, the landlord can file for eviction the very next day (WV Code § 55-3A-1)
Lease violation: West Virginia landlords don’t have to allow tenants to fix a lease violation and can start the eviction process immediately after the tenant breaks the lease (WV Code § 55-3A-1).
Self-help evictions: Self-help evictions are illegal in West Virginia. Landlords should never try to remove a tenant without an official court order.
Lease abandonment: If a tenant breaks the lease early without legal cause, they may be liable for the remaining rent on the lease. But in West Virginia, landlords are legally obligated to try to re-rent the unit to mitigate a tenant’s financial losses. Tenants are only financially responsible for paying rent while their old unit sits empty (WV Code § 37-6-7).
West Virginia Month-to-Month Lease Agreement FAQs
What is a West Virginia month-to-month lease agreement?
A month-to-month lease in West Virginia is a legal agreement that renews every month until the landlord or tenant issues the other party proper notice to end it.
What’s the difference between a West Virginia fixed-term lease and a month-to-month agreement?
A fixed-term lease runs for a predetermined period, keeping rent, terms, and expectations locked in. On the other hand, a month-to-month lease renews after each rent payment and can end anytime with proper notice from either the landlord or tenant.
How to end a West Virginia month-to-month lease agreement?
To end a West Virginia month-to-month lease, the landlord or tenant must give at least a full rental period of written notice, before the following rent due date, to the other party.
