30 Day Notice to Terminate Month to Month Lease for Nonresidential from Landlord to Tenant
West Viginia Law Summary
- Termination of Leases
Non-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.