West Virginia Renters: Understanding Automatic Lease Renewal

Lease Agreements & Renewals West Virginia published: June 21, 2025 Flag of West Virginia

If you’re renting in West Virginia, it’s important to understand how automatic lease renewal laws can impact your rights and responsibilities. Many renters are surprised when their lease continues beyond its term or when they receive notice about an increased rent. This guide explains how automatic renewal works in West Virginia, which forms you may need, and what steps you can take if you want to renew, renegotiate, or end your lease on time.

How Automatic Lease Renewal Works in West Virginia

When your written lease in West Virginia reaches its end date, state law does not require an automatic renewal. However, your lease agreement might include an automatic renewal clause, also known as an "evergreen clause." If this clause exists, your lease may automatically convert to a month-to-month tenancy or renew for another fixed term unless you or your landlord give notice to end it. If your lease is silent about renewal, it usually continues as a month-to-month rental by default.

Key Notice Periods and Requirements

  • Month-to-Month Tenancy: Either you or your landlord must provide written notice at least one full rental period (typically 30 days) before ending the lease.[1]
  • Fixed-Term Lease: If your lease has an automatic renewal clause, follow the terms written in your agreement for how much notice to give. If there’s no clause, the lease ends on the agreed date unless both parties agree to continue.
  • Rent Increases: Landlords must provide notice before increasing the rent for month-to-month tenants. The notice period is generally the same as the rental period (usually 30 days).

Always review your written lease for any automatic renewal clauses or notice requirements. If you’re unsure, you can ask your landlord for clarification or contact a local legal service for help.

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Required Forms and Official Procedures

There are no specific standardized state forms required for terminating or renewing a residential lease in West Virginia. However, using a Written Notice to Terminate Tenancy can help protect your interests as a renter. Your notice should include your name, rental address, the date, and your intent to end or renew the lease according to the agreement.

  • Sample Notice to Vacate: Many landlords have their own notice forms. If you’re preparing your own, follow the sample provided by the Legal Aid of West Virginia website. There is no official state form or form number for tenants' use.
  • When and How to Use: If you wish to move out at the end of your lease (or not renew), give your landlord a written notice as required by your lease or West Virginia law. Deliver the notice by hand or certified mail for recordkeeping.

For more details, consult the West Virginia Department of Health & Human Resources – Renters Assistance page, which also offers information for renters facing questions about their lease terms.

What to Do if Your Lease Was Automatically Renewed Without Your Agreement

If your lease contains an automatic renewal clause you weren’t aware of, review the terms closely. In West Virginia, these clauses are generally enforceable if properly outlined in the lease. However, if your landlord did not give notice as required in the lease, you may have grounds to dispute the renewal. You can:

  • Write a letter contesting the renewal, citing your lease terms and your notice.
  • Contact the West Virginia Magistrate Court, which handles residential landlord-tenant disputes, if the issue cannot be resolved directly.
  • Contact Legal Aid of West Virginia for free advice or help with negotiations.
Remember: Keep copies of all correspondence, notices, and your lease. Documentation supports your case if there is a dispute with your landlord.

Relevant West Virginia Tenancy Laws and Official Tribunal

The key law governing rental agreements and tenancies in West Virginia is the West Virginia Code, Chapter 37, Article 6 — Landlord and Tenant.[1] This law covers lease terms, notice periods, and processes for ending a tenancy.

FAQ: Automatic Lease Renewal in West Virginia

  1. Can my landlord automatically renew my lease without telling me?
    Only if your written lease has an automatic renewal clause. Otherwise, the agreement typically ends at the end of the fixed term unless both parties agree to continue.
  2. How much notice do I need to give to end my month-to-month lease?
    You must provide written notice at least one full rental period in advance (usually 30 days) according to West Virginia law.[1]
  3. Is there an official form I need to use to end my lease?
    No official state form is required, but providing your notice in writing is strongly recommended. Templates can be found through Legal Aid of West Virginia.
  4. Where do I file a complaint if there is a dispute about my lease renewal?
    You can file with the West Virginia Magistrate Court, which handles landlord-tenant cases.

Need Help? Resources for Renters

  1. West Virginia Code, Chapter 37, Article 6 — Landlord and Tenant

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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