Notice to Cure or Quit (West Virginia)

NOTICE TO CURE OR QUIT — WEST VIRGINIA

TABLE OF CONTENTS

1. Header and Recipient Block
2. Statement of Tenancy and Lease Provisions
3. Description of Breach(es)
4. Demand to Cure or Quit
5. Specific Cure Instructions
6. Consequences of Failure to Cure
7. Reservation of Rights
8. Required Federal and Fair-Housing Notices
9. Service / Method of Delivery
10. Signature Block
11. Proof of Service
12. West Virginia Practice Notes
13. Sources and References

1. HEADER AND RECIPIENT BLOCK

TO: [TENANT'S FULL LEGAL NAME], and all other occupants of:

[RENTAL PROPERTY ADDRESS, UNIT, CITY, WV ZIP]

(the "Premises")

FROM: [LANDLORD / OWNER / AGENT NAME]

[ADDRESS / PHONE / EMAIL]

Date of Notice: [__/__/____]

2. STATEMENT OF TENANCY AND LEASE PROVISIONS

You are the tenant of record under a written / oral lease (the "Lease") dated [__/__/____] for the Premises. The Lease contains, among others, the following pertinent covenants and conditions:

• Lease § [___] — [Title of covenant breached, e.g., "No Pets"]: "[QUOTE THE LEASE LANGUAGE EXACTLY]"
• Lease § [___] — Forfeiture / Re-entry Clause: "[QUOTE FORFEITURE LANGUAGE]"
• Lease § [___] — Cure Period (if any): "[QUOTE OR STATE 'No express cure period; common-law reasonable demand controls.']"

3. DESCRIPTION OF BREACH(ES)

You are in material breach of the Lease in the following specific respect(s):

Supporting documentation (incorporated herein by reference):

• ☐ Photographs (Exhibit A)
• ☐ Inspection report dated [__/__/____] (Exhibit B)
• ☐ Witness statements (Exhibit C)
• ☐ Police / 911 reports (Exhibit D)
• ☐ Prior written warning(s) dated [__/__/____] (Exhibit E)
• ☐ Other: [___________________]

4. DEMAND TO CURE OR QUIT

YOU ARE HEREBY NOTIFIED that, pursuant to Lease § [___] and W. Va. Code § 37-6-5, you must, within [___] calendar days from the date of service of this Notice (the "Cure Period," ending [__/__/____] at [___]:[___] [a.m./p.m.]), either:

☐ (A) CURE the breach(es) described in Section 3 above by performing the actions specified in Section 5 below; OR

☐ (B) QUIT AND DELIVER POSSESSION of the Premises to the Landlord, with all personal property removed and keys returned.

If you fail to do either by the deadline above, the Landlord will, without further notice, declare the Lease forfeited and commence a Petition for Summary Relief for Wrongful Occupation of Residential Rental Property under W. Va. Code § 55-3A-1 et seq. in the [Magistrate / Circuit] Court of [COUNTY] County, West Virginia.

5. SPECIFIC CURE INSTRUCTIONS

To cure the breach(es) identified in Section 3, you must take all of the following steps within the Cure Period:

You must provide WRITTEN PROOF OF CURE to the Landlord at the address in Section 1 by no later than [__/__/____].

6. CONSEQUENCES OF FAILURE TO CURE

If you fail to timely cure or quit, the Landlord intends to:

1. Declare the Lease forfeited pursuant to Lease § [___] and the common law of West Virginia;
2. File a Petition for Summary Relief under W. Va. Code § 55-3A-1 et seq.;
3. Seek possession of the Premises;
4. Seek a money judgment for unpaid rent through the date of possession, damages to the Premises, late fees, court costs, and attorney fees as permitted by the Lease or law;
5. Seek any injunctive relief appropriate to the breach;
6. Report the unpaid balance to credit bureaus and tenant-screening services as permitted by the FCRA and applicable law.

The hearing on a § 55-3A-1 petition is set by the court not less than 5 nor more than 10 judicial days after filing.

7. RESERVATION OF RIGHTS

Nothing in this Notice waives:

• Any past or future breach of the Lease;
• The Landlord's right to rent that becomes due after the date of this Notice;
• The Landlord's right to recover damage to the Premises;
• The Landlord's right to attorney fees, court costs, and interest;
• Any other right or remedy under the Lease, W. Va. Code §§ 37-6-1 et seq., 55-3A-1 et seq., or the common law.

Acceptance of rent that accrues during the Cure Period shall NOT be deemed a waiver of the breach unless the Landlord so agrees in a separate signed writing.

8. REQUIRED FEDERAL AND FAIR-HOUSING NOTICES

Fair Housing Act (42 U.S.C. § 3601 et seq.) and W. Va. Human Rights Act (W. Va. Code § 5-11A-1 et seq.): This Notice is issued solely on the basis of the breach(es) described in Section 3. The Landlord does not discriminate on the basis of race, color, religion, national origin, sex, familial status, disability, age, blindness, or any other protected characteristic. If the alleged breach involves an animal that is a service or assistance animal under 42 U.S.C. § 3604(f) / 24 C.F.R. § 100.204, please notify the Landlord immediately to discuss reasonable-accommodation procedures.

Servicemembers Civil Relief Act (50 U.S.C. § 3951): If you or any occupant is on active military duty, additional protections may apply.

HUD / Section 8 / LIHTC — IF APPLICABLE: If the Premises is federally subsidized, additional notice and grievance rights apply under 24 C.F.R. § 247 et seq. and the Lease addendum.

Fair Debt Collection Practices Act — IF APPLICABLE TO SENDER: This may be an attempt to collect a debt; any information obtained will be used for that purpose.

9. SERVICE / METHOD OF DELIVERY

This Notice is being served by the following method(s) (check all that apply):

• ☐ Personal delivery to Tenant on [__/__/____] at [___]:[___] [a.m./p.m.]
• ☐ Personal delivery to a person of suitable age and discretion at the Premises
• ☐ Conspicuous posting on the main entrance of the Premises
• ☐ U.S. Certified Mail, Return Receipt Requested, Tracking No. [___________]
• ☐ U.S. First-Class Mail
• ☐ Electronic transmission (only if Lease authorizes) to [EMAIL]

10. SIGNATURE BLOCK

Date: [__/__/____]

[________________________________]

[LANDLORD / AGENT NAME]

Title: [Owner / Property Manager / Agent]

[COMPANY], [ADDRESS], [PHONE], [EMAIL]

11. PROOF OF SERVICE

I, [SERVER NAME], declare under penalty of perjury under the laws of the State of West Virginia that I am over 18 and not a party to this matter, and that on [__/__/____] at [___]:[___] [a.m./p.m.], I served the foregoing NOTICE TO CURE OR QUIT upon the Tenant by the method(s) checked in Section 9.

[________________________________]

[SERVER NAME]

Sworn to before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public — West Virginia (My Commission Expires: [___________])

12. WEST VIRGINIA PRACTICE NOTES

• Lease controls cure period. W. Va. Code § 37-6-5 expressly defers to special agreement. There is no statutory minimum cure period for non-monetary breaches in WV residential tenancies. Use the period the lease specifies; if the lease is silent, courts apply a "reasonable" common-law standard.
• Forfeiture clause required. As with nonpayment, common-law forfeiture for breach of covenant requires (a) an express forfeiture / re-entry clause and (b) a proper demand. Quote the clause in Section 2.
• Particularity. W. Va. Code § 55-3A-1(3) requires the subsequent petition to "describ[e] the arrearage, breach, or act or omission." A vague pre-suit notice causes downstream pleading problems.
• Curable vs. incurable. Some breaches (e.g., drug crimes, violence, repeat material breach) are commonly treated as incurable under the lease and warrant an unconditional-quit notice rather than a cure-or-quit. Confirm Lease language before issuing this form.
• Habitability counterclaim. Tenants may interpose breach of the implied warranty of habitability under Teller v. McCoy, 162 W. Va. 367 (1978), and W. Va. Code § 37-6-30 as a defense or setoff — even where the eviction is for non-monetary breach.
• Reasonable accommodation. A breach involving an animal may be defeated by a service-animal or assistance-animal accommodation request under the FHA and WV Human Rights Act. Engage in the interactive process before filing.
• Magistrate Court limit. $10,000 (W. Va. Code § 50-2-1). Title disputes go to Circuit Court regardless of amount.
• Hearing in 5-10 judicial days. Plan to be ready to prove the breach quickly after filing the petition.
• Self-help is barred. Do not change locks, remove the tenant's property, or terminate utilities. Use the courts.

13. SOURCES AND REFERENCES

• W. Va. Code § 37-6-5 (Notice to Terminate Tenancy) — https://code.wvlegislature.gov/37-6-5/
• W. Va. Code § 37-6-30 (Habitability) — https://code.wvlegislature.gov/37-6-30/
• W. Va. Code § 55-3A-1 (Wrongful Occupation) — https://code.wvlegislature.gov/55-3A-1/
• W. Va. Code § 55-3A-2 (Hearing) — https://code.wvlegislature.gov/55-3A-2/
• W. Va. Code § 55-3A-3 (Judgment / appeal) — https://code.wvlegislature.gov/55-3A-3/
• W. Va. Code § 50-2-1 (Magistrate Court jurisdiction)
• W. Va. Human Rights Act, W. Va. Code § 5-11A-1 et seq.
• Teller v. McCoy, 162 W. Va. 367, 253 S.E.2d 114 (1978)
• Imperial Colliery Co. v. Fout, 179 W. Va. 776, 373 S.E.2d 489 (1988)
• 24 C.F.R. Part 247 (HUD subsidized-housing termination)
• Legal Aid of West Virginia — https://legalaidwv.org/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in West Virginia must review and customize this document before use. WV has not adopted URLTA; lease language and common law govern most cure-or-quit issues.