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West Virginia Notice to Tenants of Intent to Sell

West Virginia sets no dedicated statute requiring landlords to give tenants a formal notice of intent to sell, so your lease and reasonable-notice standards control. Draft a clear West Virginia notice in minutes with AI, with attorney-review available before you send it.

Introduction

Selling a rental property in West Virginia comes with a unique set of rules. Unlike many states, West Virginia doesn't have a specific law requiring landlords to send tenants a formal 'notice of intent to sell.' Instead, your obligations are shaped by two key things: the terms written in your lease agreement and the general legal standard of providing 'reasonable notice' for entry. This guide breaks down what you need to know to handle the process correctly, maintain a good relationship with your tenants, and ensure a smooth transaction. You can use our AI-powered tool to generate a clear, professional notice that aligns with these principles.

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Key Things to Know

  1. 1

    When you sell, the tenant's lease doesn't just disappear. The new owner steps into your shoes and must honor the existing lease terms exactly as they are written.

  2. 2

    West Virginia law doesn't set a strict 24-hour or 48-hour rule for entering to show the property. Your lease and the concept of 'reasonable notice' are what matter.

  3. 3

    To avoid arguments about what's 'reasonable,' give your tenant a written schedule for potential showings. This creates a clear record and helps manage expectations.

  4. 4

    Selling the property doesn't automatically end a month-to-month lease. If you or the buyer want the tenant to move out, you still have to provide a separate, proper termination notice.

  5. 5

    The government of West Virginia does not provide an official 'Notice of Intent to Sell' form. You'll need to draft your own, which makes clarity and accuracy very important.

  6. 6

    Since there's no state law on this specific notice, your first step should always be to read your lease agreement. It might contain clauses about selling the property or landlord access.

  7. 7

    While there's no law for announcing a sale, West Virginia Code does have rules for terminating a tenancy (section 37-6-5) and what happens after a foreclosure sale under a deed of trust (section 38-1-16).

Key decisions before you file

Before you file a Notice to Tenants of Intent to Sell in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Notice to Tenants of Intent to Sell guide walks through them.

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Notice Regarding Sale of Property

Date: ________________

Tenant(s): ________________

Property Address: ________________________________, West Virginia ________

Landlord/Agent: ________________

1. We're Planning to Sell Your Rental Home

This letter is to let you know that we are putting the property you rent on the market. In West Virginia, state law doesn’t require landlords to send this specific type of notice, but we believe in open communication. This is simply a courtesy heads-up so you are aware of the process. Please be assured, this notice does not change your lease agreement or your rights as a tenant in any way. Our goal is to make this process as smooth as possible for everyone involved.

2. Your Lease Remains in Effect

The most important thing to know is that your current lease agreement is secure. It will transfer directly to the new owner if and when the property sells. According to the principles of West Virginia property law (reflected in West Virginia Code § 37-6-1), the buyer steps into our shoes as your landlord. They must honor every term of your lease, including the rent amount, the lease duration, and all other provisions, until the lease term expires. Your rights are protected throughout this transition.

3. Arranging Showings for Potential Buyers

To sell the property, we will need to allow prospective buyers to view it. West Virginia law doesn't set a specific number of hours for advance notice, but requires that we provide "reasonable notice" to respect your right to quiet enjoyment. We commit to giving you at least ______ hours of advance written notice before any showing. This notice may be delivered in person, posted on your door, or sent electronically if our lease allows it.

We want to work with your schedule. To minimize disruption, we will try to group showings within the following windows:

  • Potential Days: ________________
  • Potential Times: ________________

Please let us know if these general times present a significant conflict. Your cooperation is essential and greatly appreciated. A licensed real estate agent or another one of our authorized representatives will always be present during showings.

4. This is Not a Notice to Vacate

To be perfectly clear, this letter is not a request or demand for you to move out. Your tenancy continues under the terms of your current lease. You should not feel pressured to look for new housing. If at some point in the future your tenancy is to be terminated, you will receive a separate, legally proper notice that complies with West Virginia law and your lease agreement.

5. Security Deposit and Future Updates

Upon a successful sale, your security deposit will be transferred to the new owner. They will then become responsible for holding it and returning it to you at the end of your tenancy, according to the terms of your lease and state law. We will provide you with the new owner's contact information once the sale is finalized. We are committed to keeping you informed.

Tenant Acknowledgment (Optional):

Signature: ________________ Date: ________

Disclaimer: This document is for informational purposes. Landlords should always consult their lease agreement and consider any applicable local ordinances. Requirements can change. For a customizable draft you can edit and finalize, please use the guided template at (/legal-document/notice-to-tenants-of-intent-to-sell). We recommend seeking legal advice for specific situations.

West Virginia Requirements for Notice to Tenants of Intent to Sell

No Statutory Notice-to-Sell Mandate

West Virginia has no specific statute requiring landlords to give a general notice of intent to sell. The obligation, if any, comes from the lease agreement or a local ordinance, so review the lease before relying on any fixed notice period.

Related Termination Notice, Section 37-6-5

West Virginia Code section 37-6-5 governs notice to terminate a tenancy. It is a separate event from announcing a sale, so do not treat a notice of intent to sell as a substitute for a proper termination notice.

Sale Under Deed of Trust, Section 38-1-16

West Virginia Code section 38-1-16 addresses termination of a tenancy following a sale made pursuant to a deed of trust. This applies to trustee or foreclosure-type sales, not an ordinary voluntary sale of a rental.

Lease Survives the Sale

A sale does not cancel the tenant's lease. The buyer takes the property subject to the existing tenancy and honors its terms, including rent and the remaining term.

Tenant Rights Against the New Owner

Under West Virginia law a lessee keeps the same right of action against the transferee of the reversion for a breach of any lease covenant that the tenant could have brought against the original landlord.

Reasonable Notice for Showings

West Virginia does not codify a set number of hours for landlord entry to show a rental. Access follows the lease and the tenant's right to quiet enjoyment, with reasonable notice expected. Many landlords use 24 to 48 hours in writing.

Month-to-Month Tenancies

A sale by itself does not shorten the notice needed to end a month-to-month tenancy in West Virginia. General landlord-tenant standards apply, and any termination requires a separate, proper notice.

No Official State Form

West Virginia does not publish an official state form named Notice to Tenants of Intent to Sell. This is a private notice the landlord prepares, which makes clear, accurate drafting important.

Frequently Asked Questions

West Virginia never pins down a number of hours, so the standard is simply reasonable notice. In practice I give my tenant at least 24 hours in writing before a showing. That's widely accepted as reasonable and it lets me line up buyer visits without arguments.

No. The lease rides along to the buyer, who has to honor every term through the expiration date. My tenant's rights and duties carry over unchanged, so the handoff is seamless. That's how it works for ordinary sales throughout West Virginia.

There's no state-issued form to fill out here. I can prepare my own document as long as it's in writing and makes clear both that I intend to sell and how showings for prospective buyers will be arranged with my tenant.

Where the lease permits entry for showings and I've given reasonable notice, my tenant can't unreasonably say no. I keep it clean by putting notice in writing, proposing a set schedule, and steering clear of anything that tramples their quiet enjoyment.

Selling doesn't end a month-to-month arrangement on its own. Ending it takes a separate written notice from me or the new owner, and under W. Va. Code § 37-6-5 that notice has to run at least one full rental period before the termination date.

The notice I give makes three things plain: I am putting the property up for sale, here is how showings will be arranged with my tenant, and the current fixed-term lease remains binding no matter who ends up owning the place.

To deliver it, I choose a route that creates a record of receipt. Depending on the situation I will hand it over personally, mail it certified with a return receipt, or simply use whatever delivery method our written lease already allows.

I never touch the deposit after closing because it belongs to the transaction, not to me. It transfers to the buyer when the sale wraps up, and the new owner then takes on holding it and returning it once the tenancy is over.