West Virginia Residential Rent Increase Notice

West Virginia Residential Rent Increase Notice

Use this form only after completing every legal, lease, coverage, cap, and local-law check below. Before entering a proposed rent, check the lease, any applicable program terms, and current state or local rules for this property.

West Virginia Rent-Change Authority Gate

Select the basis for the new rent before sending this notice. Section 37-6-5 governs termination of a tenancy; its three-month and one-period notice rules do not themselves authorize a rent change. A fixed-term rent remains as agreed unless a valid lease provision or a new agreement changes it. For a periodic tenancy without a lease provision permitting the proposed change, use the tenant-acceptance section below to make a new agreement. If the parties do not agree, this notice by itself does not terminate the existing tenancy or set a new rent. A separate termination notice, if used, must follow § 37-6-5 and any special agreement.

• Basis: ☐ Existing lease permits this change under section [____] ☐ Tenant's written acceptance below is required
• Lease provision's conditions and notice period, if selected: [________________________________ / NOT APPLICABLE]

• Effective date under that provision or the parties' new agreement: [__/__/____]

• Fair-housing review confirms the increase is not based on a protected characteristic: ☐ Yes

• Local rent control/stabilization, emergency orders, subsidy rules, and deed restrictions checked: ☐ Yes
• Longer notice required by another law, agreement, or program: ☐ No ☐ Yes — [____] days

1. Property, Parties, and Tenancy

• Date of notice: [__/__/____]
• Housing provider/agent: [________________________________]
• Tenant(s): [________________________________]
• Property address/unit: [________________________________]
• Tenancy: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Week-to-week ☐ Other: [________]
• Lease section authorizing change/renewal: [________________________________]
• Rent is normally due on day [____] of each month.

2. Increase Calculation and Effective Date

Calculation: (proposed amount − current amount) ÷ current amount × 100 = [____]%.

3. Notice to Tenant

Date: [__/__/____]

To: [TENANT NAME(S)]
At: [PROPERTY ADDRESS AND UNIT]

This notice states a proposed change in monthly rent and disclosed recurring housing charges beginning [EFFECTIVE DATE], subject to the basis selected above:

• Current monthly amount: $[________]
• New monthly amount: $[________]
• Change: $[________] ([____]%)

If the selected lease provision authorizes the change and its conditions are met, or if the tenant signs the acceptance below, the new amount is due on the regular rent-payment date by the method stated in the rental agreement. All other terms remain unchanged except as expressly agreed here:

[____________________________________________________________]

Lease provision or written-agreement basis and applicable timing:

[____________________________________________________________]

This notice does not waive any tenant right or housing-provider duty under controlling federal, state, local, subsidy, or rent-control law.

Housing provider/authorized agent: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Contact/address for lawful communications: [________________________________]

Tenant acceptance, if required: I agree to the proposed rent and effective date stated above. My signature records an agreement to that change; it is not a waiver of any other right.

Tenant: [SIGNATURE] Date: [__/__/____]

Tenant: [SIGNATURE] Date: [__/__/____]

4. Service and Proof

Permitted service method verified under current controlling law: ☐ Yes

• Method: ☐ Personal delivery ☐ Mail ☐ Other method verified as lawful for this notice: [________]
• Person/address served: [________________________________]
• Date/time served or mailed: [__/__/____] [____]
• Mailing extension or actual-receipt rule included in effective-date calculation: ☐ Yes ☐ Not applicable
• Tracking/certificate/witness: [________________________________]

I declare that the information above accurately records service of this notice.

Server name/signature/date: [________________________________]

5. File Record

• Signed lease and amendments retained: ☐ Yes
• Coverage/exemption and cap calculation retained: ☐ Yes
• Current state and local sources saved or cited: ☐ Yes
• Copy of notice and service proof retained: ☐ Yes
• Effective date independently rechecked after service: ☐ Yes

Sources and References

• 42 U.S.C. § 3604 — https://uscode.house.gov/view.xhtml?req=(title:42%20section:3604%20edition:prelim)
• W. Va. Code § 37-6-5 — West Virginia Legislature — https://code.wvlegislature.gov/37-6-5/