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West Virginia Month-to-Month Rental Agreement

Quick answer: in West Virginia, ending a month-to-month tenancy takes 30 days under W. Va. Code 37-6-5 from the landlord and 30 days under W. Va. Code 37-6-5 from the tenant. The sections below cover the notice rules, the deposit boundaries, and the clauses the agreement should contain.

A month-to-month rental agreement in West Virginia renews automatically at the end of each rental period until the landlord or the tenant ends it with proper written notice. In West Virginia, that generally means 30 days' written notice from the landlord (W. Va. Code 37-6-5) and 30 days' written notice from the tenant (W. Va. Code 37-6-5).

This template walks you through the rent, the deposit, the house rules, and an explicit termination notice clause, so both parties know exactly how the tenancy ends. Download the finished West Virginia agreement in Word and PDF.

Create your West Virginia month-to-month rental agreementRead the full Month-to-Month Rental Agreement guide

West Virginia month-to-month notice rules

West Virginia month-to-month termination notice at a glance
Who is ending the tenancyMinimum written noticeStatute
Landlord ending the tenancy (no fault)30 daysW. Va. Code 37-6-5
Tenant ending the tenancy30 daysW. Va. Code 37-6-5

Verify before you rely on it

Landlord-tenant statutes change, and cities or counties can add stricter local rules such as just cause ordinances or longer notice for older tenancies. Confirm the current West Virginia requirement in the statute cited above (or with your local court's self-help resources) before serving or relying on a termination notice.

Month-to-month rental agreement requirements in West Virginia

Start with the exit rules, because they are what make this arrangement month to month. In West Virginia, a landlord who wants to end the tenancy without alleging fault must give 30 days' written notice (W. Va. Code 37-6-5). Write that period into the agreement so both sides see the same number from day one.

Tenants have their own notice obligation in West Virginia: 30 days' written notice before moving out (W. Va. Code 37-6-5). Spell it out in the agreement, including where and how notice must be delivered, because a text message sent to the wrong number is the classic move-out dispute.

Deposit rules apply with full force even without a fixed term: in West Virginia, no statutory cap limits the deposit, and the landlord must return it within 60 days (or 45 days after a new tenant moves in, whichever is shorter) after the tenancy ends (W. Va. Code 37-6A-1, 37-6A-2). Note the amount, where it is held, and the deduction conditions directly in the agreement.

Rent changes work differently here than under a fixed-term lease: because the tenancy renews every month, the landlord can change the rent or other terms prospectively by giving the same kind of advance written notice the statute requires for termination, plus any rent-increase-specific rules West Virginia or your city imposes. The agreement should say how changes are communicated so an increase never arrives as a surprise.

The body of the document does the everyday work: identify the landlord, every tenant, and the property precisely, fix the rent (amount, due date, grace period, late fee), assign utilities and maintenance, and set the house rules on pets, smoking, and alterations. The only structural difference from a standard lease is the term clause, which renews monthly instead of expiring on a date.

Federal law adds one universal requirement worth remembering: for housing built before 1978, the landlord must give the tenant the EPA lead-based paint disclosure and pamphlet before signing. Cities and counties in West Virginia can layer on registration, inspection, or rent regulation rules of their own, so a quick check of local ordinances is part of preparing any rental agreement.

Step by step: preparing your West Virginia month-to-month rental agreement

A rolling tenancy works when the paperwork is as solid as a fixed-term lease. These are the steps that matter in West Virginia.

  1. Screen the tenant first. Run the application, income verification, and references before drafting anything. The short exit makes some landlords casual about screening; resist that, because fair housing law applies from the first contact and a problem tenancy is a problem even at 30 days' notice.
  2. Agree on the business terms. Settle the rent, the deposit, the move-in date, who pays which utilities, and any pet or parking arrangements before filling in the agreement.
  3. Set the notice clause to the statute. Write the termination notice into the agreement: in West Virginia, that means 30 days (W. Va. Code 37-6-5) on the landlord side and 30 days for the tenant. The agreement can give more time than the statute, never less, and both sides should see the same number in the document they sign.
  4. Complete every clause of the agreement. Work through the guided form: parties, property, rent, deposit, utilities, maintenance, and house rules. Where West Virginia law sets a boundary, the agreement should match or exceed it, never contradict it.
  5. Attach disclosures and document the condition. Include the federal lead-based paint disclosure for pre-1978 housing and any West Virginia or local disclosures, then complete a move-in checklist with dated photos signed by both parties. Month-to-month tenancies can end quickly, and the move-out accounting relies on this record.
  6. Sign and distribute copies. Every adult tenant signs, the landlord signs, and each party keeps a full copy. No notarization is needed; from the first month onward the agreement simply renews until one side serves proper written notice.

How this template works in West Virginia

Answer guided questions about the landlord, the tenant, the property, and the rent, and the agreement writes itself in front of you. Select West Virginia as the property's state, set the termination notice clause to the periods in the table above, and download the finished agreement in Word and PDF.

The form, the live preview, and the full guide live on the main Month-to-Month Rental Agreement page.

West Virginia month-to-month rental agreement FAQ

How much notice does a landlord have to give to end a month-to-month tenancy in West Virginia?

West Virginia requires 30 days under W. Va. Code 37-6-5 from the landlord for a no-fault termination. The agreement can promise the tenant more notice than the statute, but a shorter period will not be enforced.

How much notice does a tenant have to give in West Virginia?

A West Virginia month-to-month tenant must give 30 days under W. Va. Code 37-6-5 before moving out. Leaving without proper notice generally keeps the tenant liable for rent through the end of the notice period.

Can the landlord raise the rent on a month-to-month tenancy in West Virginia?

Yes, prospectively: because the tenancy renews monthly, the landlord can change the rent for future months by giving proper advance written notice, subject to any rent regulation in West Virginia or your city. The increase cannot apply retroactively, and the tenant can always respond by giving notice and moving out.

Do security deposit rules apply to a month-to-month rental in West Virginia?

Yes, in full. West Virginia sets no statutory deposit cap and requires it back within 60 days (or 45 days after a new tenant moves in, whichever is shorter) after the tenancy ends (W. Va. Code 37-6A-1, 37-6A-2), exactly as it would under a fixed-term lease.

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