How much notice must a tenant give to end a month-to-month tenancy in West Virginia?

West Virginia Code § 37-6-5 requires a tenant to give notice for one full rental period before the end of any period. For a month-to-month tenancy that is a full rental month — about 30 days — timed so that it expires at the end of a rental period, not a rolling 30 days from whatever day the notice is handed over. A tenancy from year to year takes at least three months' written notice before the end of the year. Section 37-6-5 also gives way to the lease: it does not apply where, by special agreement, some other period of notice is fixed, or no notice is to be given, so read the rental agreement's own notice clause first.

Can I move out before the 30 days are up?

You can physically vacate earlier, but you remain responsible for rent through the last day of tenancy stated in your notice (the end of a rental period) unless the landlord agrees in writing to release you sooner. Returning keys early does not, by itself, end the rent obligation.

Does verbal notice count?

Don't rely on it. West Virginia Code § 37-6-5 expressly requires writing only for a year-to-year tenancy's three-month notice, but verbal notice is hard to prove and many leases require writing. A verbal conversation, text message, or email may not satisfy the lease unless the lease specifically authorizes that method, and even then the safer course is a signed written notice with proof of delivery.

What if I'm in a fixed-term lease and want to leave early?

A 30 days notice under W. Va. Code § 37-6-5 does not break a fixed-term lease. Early termination of a fixed-term lease typically requires either a lease provision authorizing it, mutual agreement with the landlord, or a recognized ground such as uninhabitable conditions or military deployment under federal SCRA (50 U.S.C. § 3955). Without one of those, the tenant may remain liable for rent through the end of the term, subject to the landlord's duty to mitigate damages.

How and when will I get my security deposit back?

West Virginia Code § 37-6A-2 requires the landlord to deliver your deposit, less any itemized lawful deductions, together with a written itemization, within the notice period defined by § 37-6A-1(7): the shorter of 60 days from termination of the tenancy or 45 days from the date a subsequent tenant occupies the premises. If damages exceed the deposit and require a third-party contractor, a landlord who gives written notice of that fact within the notice period gets an additional fifteen days to provide the itemization and cost of repair (§ 37-6A-2(c)). Provide a written forwarding address; § 37-6A-2(g) lets the landlord deliver personally or by mail to your last known or forwarding address, and it is the tenant's responsibility to supply an accurate one.

Can I deliver the notice by email or text?

West Virginia Code § 37-6-5 names who may be served but specifies no delivery method. Email or text may be valid if the lease expressly authorizes electronic delivery. Even where allowed, the safer practice is personal delivery with a signed receipt or certified mail with return receipt — methods that produce documentary proof of when notice was given.

Should I ask for a pre-move-out walkthrough?

Quick answer: Yes — almost always. It's your best deposit-saving tool. A pre-move-out walkthrough is one of the most underused tools tenants have. Even where it's not required by statute, you can request that the landlord walk through the unit with you before move-out and tell you what would be deducted from the deposit if the unit were left in its current state. You then have until the last day of tenancy to cure those issues. Tenants who use this approach typically recover meaningfully more of the deposit. Check the box on the form to put the request in writing.

What if the landlord is unresponsive or refuses to acknowledge the notice?

Quick answer: Document delivery and proceed on the timeline you stated. The landlord's acknowledgment is not required for a W. Va. Code § 37-6-5 notice to be effective — proof of delivery is. If you delivered via certified mail with return receipt, that's your proof. If the landlord refuses to acknowledge, the tenancy still ends on the date you stated. Continue paying rent through that date, surrender possession on time, and the deposit notice period under §§ 37-6A-1(7) and 37-6A-2 starts running on termination of the tenancy.

Can the landlord retaliate after I give notice?

Quick answer: West Virginia has no general retaliation statute for residential tenants, only a court-recognized defense to eviction (Imperial Colliery Co. v. Fout). Retaliation can include refusing repairs, harassing the tenant, attempting to terminate on a different ground, or imposing new restrictions. Document each incident with dates. In West Virginia retaliation is a defense to an eviction, not a statutory damages claim.

What if there are cotenants and only one of us is leaving?

Quick answer: Use a different process — talk to the landlord about a written modification. A W. Va. Code § 37-6-5 notice ends the entire tenancy, not one cotenant's piece of it. If only some cotenants intend to leave and others plan to stay, you typically need a written modification of the lease, with the landlord's signature, and possibly a new lease for the remaining tenants. Sending a notice in this situation can have unintended consequences — discuss with the landlord first.

Should I keep a copy of everything?

Quick answer: Yes — always. Keep a signed copy of the notice, proof of delivery (signed receipt or certified mail return), all rent payment records through the notice period, the initial inspection itemization (if any), move-out photos and video, the surrender confirmation (key return receipt or text), and the deposit itemization when it arrives. This file is what wins small claims cases if the deposit is wrongly withheld.

📋 WV Tenant Forms: Tenant Notice to Vacate All West Virginia Landlord Forms All WV Forms WV Eviction Laws WV Security Deposit

Free West Virginia Tenant Notice to Vacate

The one-full-rental-period written notice West Virginia tenants use to properly end a periodic tenancy under W. Va. Code § 37-6-5. Fillable PDF, move-out date calculator, and security deposit guidance under W. Va. Code § 37-6A-2 — built for tenants giving notice, not landlords.

West Virginia 30-Day Notice W. Va. Code § 37-6-5 Free PDF 2026 Edition

★ Key Takeaways

✓W. Va. Code § 37-6-5 sets the timing of a tenant’s notice (one full period before the end of any period, or three months for year-to-year) but prescribes no particular content.
✓A tenant’s notice to vacate under W. Va. Code § 37-6-5 may be served on anyone who at the time owns the premises in whole or in part, on that owner’s agent, or according to the common law — the statute prescribes no method, so use one you can prove (personal delivery with a signed acknowledgment, or certified mail with return receipt).
✓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, ONE FULL RENTAL PERIOD, AND DELIVERED: West Virginia Code § 37-6-5 requires a tenant to give notice for one full rental period before the end of any period — for month-to-month, a full rental month (about 30 days) expiring at the end of a rental period. A tenancy from year to year takes three months. Where the lease fixes some other period of notice, or none at all, the lease controls. Verbal notice and short notice can leave you liable for additional rent.

💰PROTECT YOUR SECURITY DEPOSIT: Provide a written forwarding address. West Virginia Code § 37-6A-2 requires the landlord to deliver your deposit, less itemized lawful deductions, with a written itemization, within the notice period defined by § 37-6A-1(7) — the shorter of 60 days from termination of the tenancy or 45 days from the date a subsequent tenant occupies the premises.

📜STATUTORY AUTHORITY: West Virginia Code § 37-6-5 (notice). West Virginia Code § 37-6A-2 (security deposit). West Virginia has no landlord-entry statute and no statutory retaliation cause of action — entry is governed by the lease, and the retaliation defence is common law under Imperial Colliery Co. v. Fout.

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The notice period runs from delivery, not from your last day in the unit. If you give notice on the 10th of the month, it must run one full rental period and expire at the end of a period, so for a month-to-month tenancy rent generally runs to the end of the following rental period, even if you move out before then. Moving out early without paying through the period can lead to a small claims action or a security deposit deduction. Pay rent through the full notice period, document delivery, and surrender keys on or before the last day. The deposit deadline runs from the termination of the tenancy, not from the day you move your boxes out: under W. Va. Code § 37-6A-2 and § 37-6A-1(7) the landlord has the shorter of 60 days from termination of the tenancy or 45 days from the date a subsequent tenant occupies the premises to deliver the deposit and a written itemization.

WV Notice Period

30-Day

Day Type

Calendar

Statute

§ 37-6-5

SD Return

60 / 45 — Shorter

Form TypeTenant Termination Notice

StateWest Virginia

AuthorityW. Va. Code § 37-6-5

Updated2026

On this page

What this form does and when to use it
West Virginia statute and legal authority
Step-by-step: writing your notice to vacate
Fillable form & PDF download
Required information that makes the notice valid
How to deliver the notice to your landlord
Move-out timeline and key dates
What happens after the notice period ends
Security deposit return under § 37-6A-2
Common mistakes that cost tenants money
Tenant rights during the notice period
Frequently asked questions
West Virginia statute reference table

A West Virginia Tenant Notice to Vacate is the written 30 days notice a tenant gives a landlord to end a periodic tenancy under West Virginia Code § 37-6-5. It identifies the rental unit, sets the last day of tenancy, provides a forwarding address for the security deposit, and creates the documentary record that protects you if the move-out is later disputed. The form on this page handles the statutory content automatically — you fill in the blanks, the PDF generates a clean, signature-ready notice, and you deliver it to your landlord.

days written notice required

60 / 45

days for deposit return — whichever is shorter (§ 37-6A-1(7))

2 min

to fill out and download

Watch: West Virginia Tenant Notice to Vacate explained

In West Virginia, a periodic tenancy with a period shorter than a year, such as month-to-month, may be ended by notice for one full period before the end of any period, so a month-to-month tenant gives a full rental month of notice expiring at the end of a rental period; a year-to-year tenancy needs written notice at least three months before the end of the year. These rules do not apply where a special agreement fixes some other notice period (W. Va. Code § 37-6-5). The landlord must return the deposit, minus any deductions and with a written itemization of them, within 60 days after termination or 45 days after a new tenant occupies, whichever is shorter (W. Va. Code §§ 37-6A-1(7), 37-6A-2).

What this form does and when to use it

The West Virginia Tenant Notice to Vacate is a written notice from the tenant to the landlord ending a periodic (typically month-to-month) tenancy under West Virginia Code § 37-6-5. It serves three purposes at once: it gives the landlord the statutorily required notice of one full rental period that the tenancy will end, it specifies the last day of tenancy so rent obligations stop on a defined date, and it provides the forwarding address the landlord uses to deliver the deposit and written itemization under W. Va. Code § 37-6A-2, which are due within the notice period defined by § 37-6A-1(7) — the shorter of 60 days from termination of the tenancy or 45 days from the date a subsequent tenant occupies the premises. Without a properly written and delivered notice, a tenant who simply moves out remains exposed to claims for additional rent and may have a harder time recovering the security deposit.

Use this notice when you have a periodic tenancy — month-to-month is the most common form, but the same rule applies to week-to-week or other periodic arrangements (with a corresponding shorter notice period for terms shorter than a month). The one-full-period notice applies regardless of how long you have lived in the unit. Many states impose longer notice obligations on landlords than on tenants — those longer landlord rules do not flow back to tenants. As a tenant on a periodic tenancy in West Virginia, you give one full rental period of written notice under W. Va. Code § 37-6-5 — about 30 days for a month-to-month tenancy, expiring at the end of a rental period — unless the lease fixes