West Virginia Rent Increase Notice
West Virginia has no statute setting a separate notice period for a rent increase. A month-to-month tenancy is changed by ending the current period on one full period of written notice, which is one month for a month-to-month tenancy (W. Va. Code Section 37-6-5). West Virginia has no statewide rent cap. Attorney review available.
Introduction
West Virginia leaves the rent-increase timetable largely to the lease. No statute here fixes a notice period aimed at a rent increase; the governing rule is the one for ending a short periodic tenancy. Under W. Va. Code Section 37-6-5, a periodic tenancy of less than one year ends on written notice given for one full period before the end of any period, which on a month-to-month tenancy means one full month, unless the rental agreement fixes a different period. So a landlord raises the rent by closing out the current period on that notice and offering the unit again at the new figure for the period that follows. A telling feature of the statute is its deference to contract: it does not apply where the parties have agreed on some other notice period or on no notice at all. A rent increase notice is the written document that carries this change, naming the current rent, the new rent, and the date it starts. West Virginia sets no statewide cap and has no general statewide rent-control law, so the amount is bounded only by the agreement. Rent under a fixed-term lease holds until the term ends unless the lease allows a change, and a tenant whose term ends at a set time needs no periodic notice. When the notice runs to the tenant, it may be served on the tenant or on anyone holding under the tenant the leased premises or any part of them. Because one full period is the floor, many West Virginia landlords give 30 days on a month-to-month tenancy. DocDraft assembles your West Virginia rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
- 1
A West Virginia rent increase notice is the written document that raises the rent on a residential tenancy, naming the current rent, the new monthly rent, and the date the increase takes effect.
- 2
West Virginia has no statute aimed at rent-increase notice; a landlord raises the rent on a month-to-month tenancy by ending the current period and re-offering the unit at the new figure.
- 3
A periodic tenancy of less than one year ends on written notice given for one full period before the end of any period, which on a month-to-month tenancy is one full month (W. Va. Code Section 37-6-5).
- 4
The statute defers to contract: it does not apply where the rental agreement fixes a different notice period or provides that no notice is required, so the one-full-period rule fills the gap only when the lease is silent.
- 5
West Virginia sets no statewide rent cap and has no general statewide rent-control law, so the amount is bounded only by the rental agreement.
- 6
Rent under a fixed-term lease holds until the term ends unless the lease allows a change, and a tenant whose term ends at a set time needs no periodic notice (W. Va. Code Section 37-6-5).
- 7
When the notice runs to the tenant, it may be served on the tenant or on anyone holding under the tenant the leased premises or any part of them.
Key decisions before you file
Before you file a Rent Increase Notice in West Virginia, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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West Virginia Requirements for Rent Increase Notice
No Separate Rent-Increase Notice Statute
West Virginia has no statute that sets a separate advance-notice period just for a rent increase. A rent increase on a month-to-month tenancy operates through the rule for ending a periodic tenancy rather than a stand-alone rent-increase notice law.
One Full Period of Notice
A periodic tenancy of less than one year may be terminated by written notice for one full period before the end of any period, which for a month-to-month tenancy is one month written notice (W. Va. Code Section 37-6-5). A landlord uses at least that notice to put a new rent in place for the next period, and often gives 30 days.
Agreement May Fix a Different Period
Section 37-6-5 does not apply where, by special agreement, some other period of notice is fixed or no notice is to be given. The statutory one-full-period notice applies when the rental agreement is silent; a written agreement may set a different notice period.
No Statewide Rent Cap
West Virginia has no statewide rent cap, so a West Virginia landlord may set the new amount, subject to the terms of the rental agreement. No West Virginia statute limits the amount or percentage of a residential rent increase, and there is no general statewide rent-control law.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, and a tenant whose term ends at a certain time needs no periodic notice (W. Va. Code Section 37-6-5). A rent increase reaches a West Virginia tenant on a month-to-month tenancy or takes effect when a fixed-term lease renews.
How the Notice May Be Served
Notice to terminate a tenancy under Section 37-6-5 is in writing, and when the notice is to the tenant it may be served on the tenant or on anyone holding under the tenant the leased premises or any part of them. A West Virginia landlord should keep proof of how and when the notice was given.
What the Notice Must State
The notice should identify the landlord and tenant, give the rental address, state the current monthly rent and the new monthly rent, and state the effective date, confirming it gives at least the one full period before the end of a period that W. Va. Code Section 37-6-5 uses to change a month-to-month tenancy. Because West Virginia has no statewide cap, the notice need not cite a cap.
Effect of a Short Notice
A rent increase served with less than the one full period before the end of a period that W. Va. Code Section 37-6-5 requires does not change the rent for the next period. The new amount cannot take effect until a proper notice period runs, and a tenant may continue paying the prior rent until then, unless the rental agreement fixes a different period.