West Virginia Deceased Tenant Estate and Landlord Coordination Packet
WEST VIRGINIA DECEASED TENANT ESTATE AND LANDLORD COORDINATION PACKET
Before use: W. Va. Code § 37-6-11(b) permits an heir, personal representative, devisee or assignee of a deceased residential lessee to terminate a covered lease early. It applies to leases entered into or renewed on or after July 1, 2012. The effective date depends on hand delivery or the mail postmark, then the last day of the calendar month two months later. Death alone does not end the lease, transfer personal property, or give the landlord a disposal right.
Eligibility and date record
| Fact | Document and result |
|---|---|
| Deceased lessee, dwelling, lease and death date | [NAME / ADDRESS / LEASE / RECORD] |
| Lease entered into or renewed on or after July 1, 2012 | [DATE / DOCUMENT] |
| Notice sender's heir, personal-representative, devisee or assignee basis | [NAME / RELATIONSHIP OR DOCUMENT / REVIEWER] |
| Correct other party to the lease and mailing address | [LEASE / NAME / ADDRESS] |
| Hand-delivery date or prepaid-mail postmark | [DATE / PROOF] |
| Last day of calendar month two months after that date | [CALCULATION / DATE] |
| Other occupants, estate-property claimants and deposit | [RECORD / INVENTORY / AMOUNT] |
A. Heir, representative, devisee or assignee: lease termination notice
Date: [__/__/____] To landlord or other lease party: [NAME / ADDRESS]
I am [NAME], the ☐ heir ☐ personal representative ☐ devisee ☐ assignee of deceased residential lessee [NAME], and my basis for that status is [DOCUMENT / RELATIONSHIP / ESTATE RECORD ATTACHED]. The premises are [ADDRESS], and the lease was entered into or renewed on [DATE].
Under W. Va. Code § 37-6-11(b), I give written notice terminating the lease before its stated expiration. This notice is ☐ hand delivered to the other lease party on [DATE] ☐ deposited in the United States mail, postage prepaid and addressed to the other lease party, postmarked [DATE]. The termination takes effect on [DATE], the last day of the calendar month two months after that delivery or postmark date. My calculation is [TRIGGER DATE / TWO-MONTH MONTH / MONTH-END DATE].
I request an appointment on [DATE / TIME] or [ALTERNATE] to inventory and remove estate property, coordinate other lawful occupants and return keys. Please send a rent, deposit and supported restoration accounting to [ADDRESS]. The estate remains responsible for rent and other sums owed before and during the written-notice period and for necessary restoration, ordinary wear and tear excepted. My status or this notice does not alone make me personally liable or convey title to any item.
Sender signature: ______________________________ Date: [__/__/____]
Delivery proof: [HAND-DELIVERY RECEIPT OR PREPAID MAIL / POSTMARK / ADDRESS]
B. Landlord: notice receipt and coordination response
Date: [__/__/____] To sender: [NAME / ADDRESS]
I received the § 37-6-11(b) notice for [DECEASED LESSEE / UNIT] by ☐ hand delivery on [DATE] ☐ prepaid mail postmarked [DATE]. The lease was entered into or renewed on [DATE]. The sender's claimed statutory role and supporting record are [DETAIL / REVIEW RESULT]. Based on the notice trigger, the lease's proposed termination date is [LAST DAY OF SECOND CALENDAR MONTH / DATE].
I propose a property inventory and authorized handoff on [DATE / TIME] or [ALTERNATE]. Other occupant or competing claimant information is [DETAIL]. Please provide any additional authority document and a forwarding address for estate accounting. This response records the lease date only; it grants neither side ownership of personal property or a right to dispose of it.
Landlord signature: ______________________________ Date: [__/__/____]
Delivery record: [METHOD / ADDRESS / DATE / PROOF]
C. Physical handoff and estate accounting record
Appointment: [DATE / UNIT]. Recipient: [NAME / STATUS / AUTHORITY OR RELATIONSHIP PROOF / ID]. Landlord: [NAME].
| Item | Identification and condition | Removed or remains |
|---|---|---|
| [ITEM] | [DETAIL / PHOTO] | [STATUS] |
| [ITEM] | [DETAIL / PHOTO] | [STATUS] |
Keys and possession: [DATE / STATUS / PROOF]. Separate property claim or disposition route, if any: [DOCUMENT / REVIEWER].
| Estate item | Support and amount |
|---|---|
| Rent or other sums owed before and during notice period | [LEDGER / AMOUNT] |
| Necessary restoration except ordinary wear and tear | [CONDITION RECORD / INVOICE / AMOUNT] |
| Deposit and proposed estate balance | [RECEIPT / AMOUNT / AUTHORIZED RECIPIENT] |
Recipient signature: ____________________ Landlord signature: ____________________ Date: [__/__/____]
This record documents physical custody and accounting. Verify a separate lawful basis before entering, removing, selling or discarding property.
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- West Virginia
- Category
- Landlord & Tenant
Legal authority
- W. Va. Code § 37-6-11
Landlord-tenant paperwork governs who can stay in a property, on what terms, and what happens when something goes wrong. Leases, notices to quit, security deposit demands, and habitability complaints all have state and often city-specific requirements for timing, content, and service. Getting the paperwork right is what makes an eviction actually succeed or a security deposit actually come back, because judges regularly dismiss cases over small procedural mistakes.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
W. Va. Code § 37-6-11(b)(1) (checked October 3, 2026): "upon the death of a lessee of a residential premises, an heir, personal representative, devisee or assignee of the deceased lessee may terminate a lease prior to its expiration."
W. Va. Code § 37-6-11(b)(2) (checked October 3, 2026): "Termination of a residential lease, as provided in this subsection, shall become effective on the last day of the calendar month that is two months after:"
W. Va. Code § 37-6-11(b)(2)(A) (checked October 3, 2026): "The date on which the notice is hand-delivered to the other party of the lease"
W. Va. Code § 37-6-11(b)(2)(B) (checked October 3, 2026): "The date on which the notice, addressed to the other party to the lease, is deposited in the United States mail, postage prepaid, evidenced by the postmark."
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