West Virginia Month-to-Month Lease Agreement

Legal Aspects of Month-to-Month Leases in West Virginia

Under West Virginia Code § 37-6, month-to-month lease agreements are recognized as flexible and adaptable legal contracts. This legislation mandates that Tenants (Owners) uphold their responsibility for the property and timely rent payments. At the same time, landlords must maintain the property’s habitability and respect the tenant’s right to quiet enjoyment. 

Lease Termination & Renewal

• Under West Virginia Code, Article 6, §37-6-5, either party to a month-to-month lease may terminate said lease by providing a written notice of termination to the other party. 

• Either party must provide the other with at least one calendar month’s notice before the intended lease termination date. 

• Termination of this lease agreement by either the landlord or the tenant can be for any lawful reason that doesn’t constitute retaliation by the landlord.

Rent Increases

Per West Virginia state law, the Owner reserves the right to increase the rent for this month-to-month lease. Meanwhile, West Virginia doesn’t impose rent control laws and thus doesn’t limit how much an owner can increase the rent. The Owner must ensure that any rent increase:

• Communicated in writing to the tenant with reasonable notice of at least 30 days.
• It’s not enforced during the current lease term unless specifically allowed in the lease agreement.
• Doesn’t serve discriminatory or retaliatory purposes against the tenant.
• Complies with any local rent control laws, if applicable.

Security Deposit

Collections and Holdings

• West Virginia law doesn’t impose limits on the amounts that Owners can collect as security deposits. 

• Owners aren’t obligated to document the condition of the rental unit at the commencement of the lease to collect the security deposit. 

• There’s no requirement for landlords to pay interest on held security deposits.

Returns and Deductions

• Deductions from the security deposit may include utilities, late fees, unpaid rent, and physical damage (excluding normal wear and tear).

• Deduction from the security deposit may also include costs due to the Tenant’s noncompliance with the lease agreement costs of removing and storing the tenant’s property.

• Landlords are required to refund the security deposit either within 45 days following the arrival of the next tenant or within 60 days from the conclusion of the lease term, whichever transpires first.

• If an Owner doesn’t return the security deposit within the stipulated time frame, tenants are entitled to sue for 1½ times the amount wrongfully withheld, in addition to court costs.

Tenant Rights

Habitable Conditions (WV Code § 37-6-30)

• Owners must maintain fit and habitable units with essential services (water, heat, electricity).

Privacy and Access

• Tenants have the right to quiet enjoyment and reasonable privacy.
• Owners require proper notice before entry (except for emergencies/repairs).

Eviction

• Legal eviction requires a court order.
• Tenants can defend against eviction attempts in court.

Discrimination

• Protection from discrimination based on race, religion, national origin, sex, disability, or familial status.

Retaliation (WV Code § 37-6A-4)

• Owners cannot retaliate against tenants for exercising their rights (reporting code violations, requesting repairs).

Early Termination (Legal Reasons)

• The early termination clause in the lease.
• Active military duty.
• Uninhabitable unit.
• Owner harassment.

Required Disclosures in West Virginia

West Virginia only has one mandatory disclosure that’s required. Please review the details before signing.

Lead-Based Paint Disclosure

• Applies to all dwellings built before 1978.
• Owners must provide tenants with a pamphlet explaining the hazards of lead-based paint and their rights as occupants.