Ending a month-to-month tenancy in West Virginia: one full period of written notice
West Virginia Code 37-6-5 handles tenancy notices in one paragraph. A periodic tenancy shorter than a year ends by written notice for one full period before the end of any period, so a month-to-month tenancy takes a month. The notice may be served on the tenant or anyone holding under the tenant, a special agreement can change the period, and a tenant whose term ends on a fixed date needs no notice.
What does section 37-6-5 say?
The section says a tenancy from year to year may be terminated by either party giving written notice at least three months before the end of any year. 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. For a month-to-month tenancy the period is a month, so the practical choice is a written notice given a full month before the end of the monthly period you want to close. The three-month alternative applies to a year-to-year tenancy, not to a tenancy that rolls month by month.
Who can be served and who is excused?
When the notice goes to the tenant, the section says it may be served on the tenant or on anyone holding under the tenant the leased premises or any part of them. That helps when a subtenant or roommate is the one at home. When the tenant gives notice to the landlord, it may be served on any person who owns the premises in whole or in part, on the owner's agent, or by common-law means.
The section stops short of a method of service, so use one you can prove: hand delivery with a witness, or a mailing with a receipt. If the person who takes the notice is not the named tenant, write down who it was and when.
Two limits matter. The section does not apply where a special agreement fixes some other period of notice or says no notice is to be given, so read the lease first. And no notice is needed from or to a tenant whose term ends at a certain time, which is a fixed-term lease, not a month-to-month one.
How do you count the month?
Example a made-up landlord wants a month-to-month tenancy to end with the period that closes Thursday, December 31, 2026. A full period of notice means the written notice is served a month before, by Monday, November 30, 2026. Served on Friday, December 4, it reaches only the period that closes January 31, 2027.
If the tenancy has moved into an unlawful holdover, the summary petition under Article 3A, described in our West Virginia eviction guide, is the next step: a verified petition in magistrate or circuit court, with a hearing set five to ten judicial days after filing.
What should your notice say?
- The address, the tenant names and the date the notice is served.
- That the tenancy will end, and the exact last day, which should close a rent period.
- A signature, and the name of the person served and how.
- Where keys go and where to send a forwarding address.
Avoid language about a violation if you are not relying on one. A plain termination keeps the file simple, and if there is a breach, a separate notice or the Article 3A petition handles it.
- Counting only a few days before the period closes. The statute asks for one full period.
- Overlooking a lease clause that sets another notice period or none.
- Taking a full next month of rent after the date you named, which can read as consent to stay.
Where does DoorKeeping fit?
DoorKeeping stores the lease, the rent ledger and a copy of every notice you send, so the date you served and the date it ends are on file if a court asks. You still write, serve and track the notice yourself. This is general information, not legal advice: check the current statute, and ask a local attorney if the tenant disputes the notice.
Sources
Questions
- How much notice does West Virginia require for a month-to-month tenancy?
- Written notice for one full period before the end of any period, so a month for a monthly tenancy (37-6-5).
- Who can a West Virginia landlord serve the notice on?
- The tenant or anyone holding the premises under the tenant (37-6-5).
- Does the West Virginia notice rule always apply?
- No. A special agreement can set another period or none, and a fixed-end term needs no notice (37-6-5).