How much notice is required?

It depends on the period of the tenancy, and on the lease. For a periodic tenancy of less than one year, W. Va. Code § 37-6-5 requires notice for one full period before the end of any period — for a month-to-month tenancy, a full rental month (about 30 days) timed to expire at the end of a rental period. For a tenancy from year to year the statute requires at least three months notice. The period runs from the date of delivery to the termination date, not from the date the notice was prepared. How long the tenant has lived there does not change the calculation, and § 37-6-5 yields entirely to a lease that fixes its own notice period.

What happens if my fixed-term lease expires?

A fixed-term lease typically expires by its own terms. If the lease itself requires advance notice of non-renewal, failing to give that notice may convert the tenancy to month-to-month on the same terms. Check the lease before assuming the fixed term simply expires.

Can a tenant waive the notice period in advance?

Yes. W. Va. Code § 37-6-5 says in terms that it does not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given. The lease may set a longer period, a shorter period, or no notice at all, and the lease controls. That makes the lease the first document to read: § 37-6-5 supplies the period only where the lease is silent.

What if my notice is defective?

A defective notice (wrong period, improper service, missing required information) generally cannot support an eviction action. The tenant can raise the defect as an affirmative defense in eviction proceedings. The landlord must serve a corrected notice and start the period over, with the tenant typically remaining in possession during the redo.

Do I need to give a reason for non-renewing the tenancy?

Generally no, for West Virginia tenancies that are not covered by a local just-cause ordinance. The notice period under W. Va. Code § 37-6-5 — one full rental period, or three months for a year-to-year tenancy — is sufficient and no reason is required. However, anti-retaliation and fair-housing rules still apply — the notice cannot be retaliatory or discriminatory even when no specific reason is required.

What if the tenant has been a long-term resident?

It makes no difference to the calculation. § 37-6-5 contains no occupancy-length tier — its tiering is by the length of the rental period, so a month-to-month tenant of fifteen years and a month-to-month tenant of five months are both entitled to one full rental period of notice. What would change the answer is the tenancy being from year to year, which takes three months, or a lease clause fixing a different period.

What if my lease specifies a different notice period?

The lease wins, in either direction. § 37-6-5 applies only where the parties have not made a special agreement — the section expressly does not apply where some other period of notice is fixed, or where no notice is to be given. So a lease requiring 90 days is enforceable and the landlord must give 90 days; and a lease fixing a shorter period, or dispensing with notice, is equally effective in West Virginia. Read the termination clause before you count a single day.

Can I issue a non-renewal in retaliation for a tenant complaint?

No. West Virginia does not have a specific statutory anti-retaliation framework, but federal Fair Housing Act protections still apply. A non-renewal following tenant fair-housing assertions invites a federal retaliation claim. Issuing a non-renewal that the court finds was retaliatory exposes the landlord to damages, attorney's fees, and potential statutory penalties.

Does a non-renewal need to be in writing?

Yes. W. Va. Code § 37-6-5 requires written notice of termination. Oral notice — even if clearly given and acknowledged by the tenant — does not satisfy the statute and cannot support an eviction action.

🏠 West Virginia Operations Forms: Notice of Non-Renewal All West Virginia Landlord Forms Notice to Enter Tenant Notice to Vacate All West Virginia Forms

Free West Virginia Notice of Non-Renewal

Q: How should the notice be served?

W. Va. Code § 37-6-5 requires only that the written notice be served on the tenant, or on anyone holding under the tenant the leased premises or any part of them. The statute prescribes no method and no priority order, so pick the method you can prove: personal delivery with a signed acknowledgment, or certified mail with return receipt requested — the same method § 55-3A-1(c) accepts for the later court hearing notice. Posting a copy at the premises is a useful supplement, not a statutory requirement.

The written notice West Virginia landlords use to end a periodic tenancy or decline to renew a fixed-term lease. W. Va. Code § 37-6-5 sets the notice period where the lease does not: one full rental period for a periodic tenancy of less than a year (about 30 days month-to-month, expiring at the end of a rental period), and three months for a tenancy from year to year. Built for West Virginia landlords.

West Virginia Non-Renewal Notice § 37-6-5 30-Day Notice Free PDF 2026 Edition

▶ Watch overview

Free West Virginia Notice of Non-Renewal — overview

★ Key Takeaways

✓West Virginia landlord notices have statute-driven content requirements — missing required elements voids the notice and restarts the clock.
✓Service follows W. Va. Code § 37-6-5 itself: the written notice is served on the tenant, or on anyone holding under the tenant the leased premises. The statute prescribes no method and no priority order — so use one you can prove, such as personal delivery with a signed acknowledgment or certified mail with return receipt requested.
✓Calendar days vs. business days matters — miscounting the notice period is one of the most common procedural defects.
✓Retain the signed original notice and proof of service in case the matter proceeds to court.
✓Local rent-control or just-cause ordinances may layer additional notice requirements on top of state law — verify before filing.

📅WRITTEN NOTICE REQUIRED: W. Va. Code § 37-6-5 requires written notice to terminate a periodic tenancy in West Virginia — one full rental period for a period of less than a year (about 30 days month-to-month, expiring at the end of a rental period), and three months for a tenancy from year to year. The notice must specify the termination date and be served on the tenant.

⚠SERVICE: W. Va. Code § 37-6-5 requires only that the notice be served on the tenant, or on anyone holding under the tenant the leased premises. There is no statutory ladder, no priority order and no posting requirement — so choose the method you can prove: personal delivery with a signed acknowledgment, or certified mail with return receipt requested.

📜STATUTORY AUTHORITY: W. Va. Code § 37-6-5 (termination notice periods). W. Va. Code § 55-3A-1 (summary proceeding to recover possession; certified mail, return receipt requested, for the court hearing notice). (no statutory anti-retaliation provision) (anti-retaliation, where applicable). Federal Fair Housing Act and West Virginia fair housing law.

🚪

Notice of Non-Renewal is one of the highest-stakes routine documents in West Virginia landlord-tenant practice. A defective notice — wrong period, improper service, missing required information — cannot support an eviction action, forcing the landlord to start over and pushing recovery of possession back by months. West Virginia non-renewal practice has technical requirements: the lease’s own termination clause controls if it fixes one; otherwise the length of the rental period sets the notice period (one full period, or three months year-to-year); the clock starts at delivery and the notice must expire at the end of a rental period; the notice must be served on the tenant in a way you can prove; and it must be in writing with all required elements. The form on this page handles the mechanics correctly; the page itself walks through the analysis step by step.

Month-to-Month

One full period

Authority

§ 37-6-5

Year-to-Year

Three months

Fixed term ending

No notice required

By Tenant Screening Background Check Editorial Team

Form TypeRoutine Operations

StateWest Virginia

Authority§ 37-6-5

Updated2026

On this page

What a Notice of Non-Renewal does
West Virginia legal framework
Notice period under § 37-6-5
Authorized delivery methods
Required information for the notice
Common mistakes that void the notice
Tenant remedies for defective notice
West Virginia statute reference table
Frequently asked questions

A West Virginia Notice of Non-Renewal is the written notice a landlord uses to end a periodic tenancy or to communicate that a fixed-term lease will not be renewed at expiration. W. Va. Code § 37-6-5 sets the notice-period requirements where the lease does not: for a periodic tenancy of less than one year, one full rental period before the end of a period (about 30 days for a month-to-month tenancy); for a tenancy from year to year, three months. The same section supplies the service rule — the notice is served on the tenant, or on anyone holding under the tenant the leased premises — and prescribes no particular method, so use one you can prove. Getting the notice right is high-stakes work: a defective notice cannot support an eviction action, and the landlord must start over with a corrected notice — pushing recovery of possession back by months. The form on this page handles the mechanics; the rest of this guide walks through the requirements.

Watch: West Virginia Notice of Non-Renewal explained

▶ Watch: West Virginia Notice of Non-Renewal — § 37-6-5 explained

§ 37-6-5

West Virginia termination-notice statute

3 months

notice to end a year-to-year tenancy

2 min

to fill out and download the PDF

📅 Notice Period Calculator

Enter the date you’ll deliver the notice. The calculator shows the earliest valid termination date under W. Va. Code § 37-6-