90 Day Notice to Terminate Year to Year Lease Prior to End of Term - Residential from Tenant to Landlord
West Viginia Law Summary
- Termination of Leases
Residential
The statute below establishes the requirements for the
termination of leases.
§37-6-5. Notice to terminate tenancy.
A tenancy from year to year may be terminated by either party giving
notice in writing to the other, at least three months prior to the end
of any year, of his intention to terminate the same. A periodic tenancy,
in which the period is less than one year, may be terminated by like notice,
or by notice for one full period before the end of any period. When such
notice is to the tenant, it may be served upon him, or upon anyone holding
under him the leased premises, or any part thereof. When it is by the tenant,
it may be served upon anyone who at the time owns the premises in whole
or in part, or the agent of such owner, or according to the common law.
This section shall not apply where, by special agreement, some other period
of notice is fixed, or no notice is to be given; nor shall notice be necessary
from or to a tenant whose term is to end at a certain time.
§37-6-7. Reletting by landlord.
     The landlord, or other person entitled
to the rent may, however, at his election, incorporate, in the notice provided
for in the preceding section, the further notice that he will, after he
shall have taken possession of the demised premises, lease the premises
to some other person, in which case the tenant will still remain liable
upon his lease, for the unexpired portion of his term, for the difference
between the amount of rent received by the landlord from the new tenant,
and the amount payable under the lease of the original tenant, and upon
any other covenants or agreements contained in the original lease.