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Notice to Terminate Tenancy ? Month to Month Lease: For any lease under the term of one year, either party can terminate the lease by providing the other party written notice prior to the end of the lease. For a month to month lease, 30 days must be given. pursuant to §37-6-5.
Withholding Rent/Repair and Deduct: Tenants in West Virginia may not withhold rent. However, if the landlord fails to make a necessary repair, the tenant may give 14 days' notice, after which they may arrange for the repair and deduct the cost from the rent (Teller v. McCoy, 253 S.E.2d 114).
West Virginia law requires landlords to provide tenants with proper written notification in advance of any attempt to evict a person from rental property, unless the tenant has failed to pay rent or has otherwise violated the terms of the rental agreement.
2. Timeline Lease Agreement / Type of Tenancy / Rent PaymentTermination Notice to ReceiveWeek-to-week7-Day Notice to QuitMonth-to-month30-Day Notice to QuitYear-to-year90-Day Notice to Quit
2. Timeline Lease Agreement / Type of Tenancy / Rent PaymentTermination Notice to ReceiveWeek-to-week7-Day Notice to QuitMonth-to-month30-Day Notice to QuitYear-to-year90-Day Notice to Quit
Tenants have a statutorily protected right to live in decent housing at all times. If a tenant believes that his or her rights have been violated, he or she may file a claim for money damages against the landlord. Tenants also may file a civil action to enforce rental housing unit standards.
Tenants may also file a complaint with the Attorney General's Consumer Protection Division if landlords fail to return damage deposits. Complaint forms may be obtained by calling the consumer protection hotline, toll-free, at 1-800-368-8808.
West Virginia is a very landlord-friendly state because of the lack of rent control laws and there are very few restrictions on evictions.