West Virginia Month-to-Month Lease Agreement
A month-to-month rental agreement in West Virginia is a flexible lease arrangement that allows tenants to rent property from landlords on a short-term basis. Once both parties consent to the terms and sign the agreement, it becomes legally binding. This type of lease automatically renews every month until either party provides a notice of termination.
West Virginia Month-to-Month Lease Agreement
Overview
Termination Notice
To terminate a month-to-month lease, either the landlord or the tenant must deliver a notice that is equivalent to one month’s rental period. This means that a one-month notice is required to end the lease.
Rent Increase Notice
While there is no specific statute governing rent increases for month-to-month leases in West Virginia, it is standard practice for landlords to provide at least one month’s notice before implementing any rent increase.
Required Disclosures
Landlords are required to provide certain disclosures to tenants in West Virginia:
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Lead-Based Paint Disclosure: For buildings constructed before 1978, landlords must provide a lead-based paint disclosure to inform tenants of potential hazards associated with lead-based paint.
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Non-refundable Fees: The lease must clearly state that application or pet fees are non-refundable. If this is not explicitly mentioned in the lease, these fees will be assumed to be refundable.
West Virginia Month-to-Month Eviction Process
When a landlord decides to terminate a month-to-month lease, they must issue a notice that corresponds to the length of one rental period. The tenant is then given the allotted time to vacate the property. If the tenant fails to move out within the specified time frame, the landlord has the right to initiate eviction proceedings in court.
Statutes
- W.Va. Code § 37-6A-1(14) – Security Deposit
- W.Va. Code § 37-6A-1(7) – Deadline for Returning Security Deposit
- W.Va. Code § 37-6A-2(a) – Requirement for Written Description/Itemized List of Damages and Charges
- W.Va. Code § 37-6A-2(b) – Permitted Uses of the Security Deposit
- W.Va. Code § 37-6A-2(c) – Extension of Security Deposit Return Deadline for Repairs
- W.Va. Code § 37-6A-3 – Record Keeping of Deposit Withholdings
- W.Va. Code § 37-6A-5 – Penalties for Failure to Comply with Security Deposit Return
- W.Va. Code § 37-6-7 – Reletting by landlord
- W.Va. Code § 37-6-8 – Tenant’s right to recover possession
- W.Va. Code § 37-6-5 – Notice to terminate tenancy
- W.Va. Code § 55-3A-1 – Petition for summary relief for wrongful occupation of residential rental property
- W.Va. Code § 37-6-30 – Landlord to deliver premises; duty to maintain premises in fit and habitable condition
- W.Va. Code § 37-6-6(c) – Desertion of leased property; entry; recovery of rent, disposition of abandoned personal property; notice
- W.Va. Code § 50-2-1 – Civil jurisdiction
- W.Va. Code § 55-2-6 – Actions to recover on award or contract other than judgment or recognizance
- W. Va. Code § 48-5-509 – Enjoining abuse, emergency protective order.
FAQs
A month-to-month rental agreement in West Virginia is a flexible lease that allows tenants to rent property on a short-term basis. It automatically renews every month until either the landlord or tenant provides a one-month notice to terminate the lease.
To terminate a month-to-month lease in West Virginia, either the landlord or tenant must provide at least one month’s notice. This notice must be equivalent to the length of one rental period.
Landlords in West Virginia are required to disclose lead-based paint hazards for properties built before 1978 and must inform tenants about any non-refundable deposits or fees in the lease agreement.
Yes, a landlord can increase rent on a month-to-month lease in West Virginia. While there is no state statute mandating a specific notice period, it is standard practice for landlords to provide at least one month’s notice before implementing a rent increase.
If a tenant fails to move out after receiving a termination notice for a month-to-month lease, the landlord can initiate the eviction process. This involves taking the tenant to eviction court to seek legal removal from the property.
In West Virginia, landlords must clearly state in the lease whether application or pet fees are non-refundable. If this is not specified, the fees will be assumed to be refundable.