Notice to Terminate Tenancy Without Cause (Month-to-Month) (West Virginia)

NOTICE TO TERMINATE TENANCY (NO CAUSE) — WEST VIRGINIA

TABLE OF CONTENTS

1. Header and Recipient Block
2. Statement of Tenancy
3. Notice of Termination
4. Move-Out Instructions
5. Final Rent and Pro-Ration
6. Security Deposit Information
7. Holdover Consequences
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

You currently occupy the Premises under a [month-to-month / week-to-week / year-to-year / other periodic] tenancy created by [written / oral] lease dated [__/__/____]. The current rent is $[_______________] per [period].

The original lease term [has expired and tenancy continued as a periodic holdover / was always periodic], governed by W. Va. Code § 37-6-3 and § 37-6-5.

3. NOTICE OF TERMINATION

YOU ARE HEREBY NOTIFIED, pursuant to W. Va. Code § 37-6-5 and Lease § [___] (if any), that the Landlord hereby terminates your tenancy effective [__/__/____] (the "Termination Date").

The Termination Date is at least:

• ☐ Thirty (30) days after service of this Notice (month-to-month);
• ☐ Seven (7) days after service of this Notice (week-to-week);
• ☐ Three (3) months before the end of the current tenancy year (year-to-year);
• ☐ [Other period — specify]: [___] days, as required by Lease § [___].

You are required to vacate the Premises and surrender possession on or before the Termination Date.

This Notice is given without cause. No allegation of breach is asserted. Your rights to a security-deposit refund and any other end-of-tenancy rights remain unaffected.

4. MOVE-OUT INSTRUCTIONS

To facilitate an orderly move-out:

1. Vacancy. Remove all personal property and all occupants by [___]:[___] [a.m./p.m.] on the Termination Date.
2. Keys. Return all keys, garage remotes, parking passes, mailbox keys, and access cards to [ADDRESS / DROP-OFF / KEY BOX] on or before the Termination Date.
3. Cleaning. Leave the Premises in [broom-clean / professionally cleaned] condition, free of trash and personal effects, with appliances clean and operational.
4. Utilities. Provide final meter readings and ensure utilities in your name are paid through the Termination Date. Do NOT terminate any utility before the Termination Date.
5. Forwarding address. Provide a forwarding address in writing for return of the security deposit (W. Va. Code § 37-6A-2 requires landlord delivery within 60 days of termination of tenancy or 45 days of subsequent occupancy, whichever is shorter).
6. Walk-through. A move-out inspection is offered for [__/__/____] at [___]:[___] [a.m./p.m.]. Confirm with the Landlord at [PHONE / EMAIL].

5. FINAL RENT AND PRO-RATION

Payment due by: [__/__/____]

6. SECURITY DEPOSIT INFORMATION

Pursuant to W. Va. Code § 37-6A-2, your security deposit of $[_______________] held by Landlord will be returned, less lawful deductions and accompanied by a written itemization, within the applicable notice period:

• 60 days after termination of the tenancy; OR
• 45 days after a subsequent tenant occupies the Premises;

whichever is shorter. If damages exceed the deposit and require a third-party contractor, the Landlord may extend the itemization period by an additional 15 days upon written notice.

A landlord who willfully fails to comply may be liable for damages of up to one and one-half (1.5) times the wrongfully withheld amount, plus costs and reasonable attorney fees, under W. Va. Code § 37-6A-2(c).

Send your forwarding address to: [LANDLORD ADDRESS / EMAIL].

7. HOLDOVER CONSEQUENCES

If you remain in possession after the Termination Date without the Landlord's written consent, the Landlord may:

1. File a Petition for Summary Relief for Wrongful Occupation under W. Va. Code § 55-3A-1 et seq.;
2. Recover possession after a hearing held 5-10 judicial days after filing;
3. Recover holdover damages, including double rent under common-law / lease holdover provisions if so contracted; and
4. Recover court costs and attorney fees as permitted by the Lease or law.

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 given without regard to race, color, religion, sex, national origin, familial status, disability, age, blindness, ancestry, or any other protected characteristic. The Landlord does not discriminate.

No Retaliation: This Notice is not issued in response to any complaint, code-enforcement contact, or other protected activity. Should you contend otherwise, you may raise that defense in any subsequent proceeding under Imperial Colliery Co. v. Fout, 179 W. Va. 776 (1988).

Servicemembers Civil Relief Act (50 U.S.C. § 3951): If you or any occupant is on active military duty, you may be entitled to a stay of any subsequent eviction proceeding.

HUD / Section 8 / LIHTC — IF APPLICABLE: If the Premises is federally subsidized, additional GOOD-CAUSE requirements typically apply. This no-cause notice may be ineffective in subsidized housing without compliance with 24 C.F.R. Parts 880, 882, 982, or 247 as applicable.

Domestic Violence — Violence Against Women Act (34 U.S.C. § 12491): Tenants in covered federal housing programs cannot be terminated based solely on incidents of domestic violence, dating violence, sexual assault, or stalking against the tenant.

9. SERVICE / METHOD OF DELIVERY

This Notice is being served by the following method(s):

• ☐ Personal delivery on [__/__/____] at [___]:[___] [a.m./p.m.]
• ☐ Substitute service to a person of suitable age and discretion at the Premises
• ☐ Conspicuous posting at the main entrance
• ☐ 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, not a party to this matter, and that on [__/__/____] at [___]:[___] [a.m./p.m.], I served the foregoing NOTICE TO TERMINATE TENANCY 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

• Statutory periods. W. Va. Code § 37-6-5 sets:
• Year-to-year tenancies: at least 3 months before the end of the year.
• Periodic tenancies less than one year (month-to-month, week-to-week): "like notice, or notice for one full period before the end of any period."
• The lease's special-agreement clause overrides the statute. Always check Lease § [___].
• Month-to-month default. Practitioner consensus and most magistrates apply 30 days for month-to-month no-cause terminations. Where the lease specifies 60 days, that controls.
• Counting days. WV magistrate courts generally count the day after service as Day 1 and exclude weekends/holidays for the final day. Add a buffer (e.g., serve 35 days out for a 30-day period).
• No good cause required (private market). WV is not a "just cause" eviction state in the private market — a landlord may end a periodic tenancy for any non-discriminatory, non-retaliatory reason.
• Subsidized housing exception. Public-housing, project-based Section 8, HCV (after the initial term), and LIHTC programs generally require GOOD CAUSE per federal regulations. Verify before issuing.
• Discrimination / retaliation. Even without statutory codification, a no-cause termination motivated by tenant complaints about habitability or by a protected characteristic is unlawful.
• Domestic violence. VAWA-covered tenants enjoy heightened protections in federally subsidized housing.
• Holdover. If the tenant remains past the Termination Date, file a § 55-3A-1 petition; do not engage in self-help.

13. SOURCES AND REFERENCES

• W. Va. Code § 37-6-3 — https://code.wvlegislature.gov/37-6-3/
• W. Va. Code § 37-6-5 — https://code.wvlegislature.gov/37-6-5/
• W. Va. Code § 37-6-6 — https://code.wvlegislature.gov/37-6-6/
• W. Va. Code § 37-6A-2 (Security deposits) — https://code.wvlegislature.gov/37-6A-2/
• W. Va. Code § 55-3A-1 — https://code.wvlegislature.gov/55-3A-1/
• W. Va. Code § 50-2-1 (Magistrate Court jurisdiction)
• W. Va. Human Rights Act, W. Va. Code § 5-11A-1 et seq.
• Fair Housing Act, 42 U.S.C. § 3601 et seq.
• Servicemembers Civil Relief Act, 50 U.S.C. § 3951
• Violence Against Women Act housing provisions, 34 U.S.C. § 12491
• Imperial Colliery Co. v. Fout, 179 W. Va. 776, 373 S.E.2d 489 (1988)
• 24 C.F.R. Parts 247, 880, 882, 982 (HUD termination rules)
• 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. Lease provisions and federal program rules can override the statutory defaults.